Going through a divorce is difficult enough without having to navigate its confusing legal formalities.
Our team can help you make sense of the process. Consider whether a separation or a divorce would be in your best interests whether mediation is appropriate. If not we will help you draft any documents you need should you decide to divorce and guide you through the process, step by step.
Establishing grounds for divorce
The only ground for divorce within England and Wales is that the marriage has irretrievably broken down. To satisfy this, you’ll need to prove one of these facts:
- Adultery - You must be able to prove that your spouse has had a sexual relationship with another person and that you now find it intolerable to live with them.
- Unreasonable behaviour – This is the most common ground for divorce. You must be able to show that your spouse has acted in such a way that you cannot be expected to continue living with them. Unreasonable behaviour could be anything from allegations of domestic violence/verbal abuse to neglect
- Two years’ separation with consent – You must be able to show that you and your spouse have been separated for two or more years and that both parties consent to the divorce
- Desertion – This is where your spouse has left you without your agreement for at least two years
- Five years’ separation – If you and your spouse have been separated for five years or more either party can apply for divorce without the agreement of the other party.
Initiating a divorce
To initiate a divorce, you’ll need a petition which we will be happy to prepare for you and take you through the process of obtaining a Decree Nisi, and finally the Decree Absolute.
Obtaining a divorce
It usually takes about two months for the court to pronounce a Decree Nisi. This means that you are entitled to a divorce. You then have to wait another six weeks before applying for a decree absolute. Once you have this, you are officially divorced and free to remarry if you wish.
The court will not generally consider children or financial issues within divorce proceedings unless specifically requested to do so by one of the parties to the divorce. You will need to discuss with your solicitor whether any action needs to be taken in respect of children or financial matters.
Unfortunately, divorce isn’t just about dissolving your relationship. There are other factors you will need to take into consideration.
- Financial issues, including property, maintenance and pensions.
- Children and the arrangements for their care.
- The family home
- Family assets
- Wills, trusts and tax planning
What we can offer you
To help you decide what is right for you and your family we provide a free initial consultation with one of our experienced specialist lawyers. To make an appointment just call us on 01245 228106 or email firstname.lastname@example.org