The Divorce Procedure
The Divorce Procedure is separate to sorting out Matrimonial Finances. Most people do not realise that they can obtain a divorce without finalising money matters. This is not advisable, unless you have no assets, a low income and minimal future prospects, and you consider that your spouse has no potential claim which he/she can raise in the future.
All matters relating to matrimonial finances should be dealt with in a Consent Order. This is the only legal document which finalises money issues on divorce. Please see DIVORCE SETTLEMENTS for further information.
Every divorce is unique and needs individual advice tailored to individual needs.
The Divorce Procedure begins by filing forms at court known as the Divorce Petition. Divorce in England is not based on irreconcilable differences. To obtain a divorce you must show that the marriage has broken down irretrievably and this is evidenced by detailing one of five facts:
- Unreasonable Behaviour
- 2 Years’ Separation by Agreement or
- 5 Years’ Separation
Most Divorce Petitions are based on Adultery or Unreasonable Behaviour, because most people do not want to wait the necessary 2 years for a Divorce Petition based upon Separation or Desertion.
Getting a Divorce – How Long Will it Take?
A divorce can be conducted with little acrimony if there is goodwill on both sides. If neither party delays matters a straightforward divorce can be obtained within 3 to 4 months from the filing of the Divorce Petition to the pronouncement of Decree Nisi.
Most divorces are undefended. This is because until now the grounds for divorce have had little impact on other issues in respect of the divorce and separation such as the division of the finances and matters relating to the children.
Sound Legal Advice
If you are enduring the distressing process of splitting up and are contemplating divorcing your spouse or are faced with a Divorce Petition filed by your spouse you need competent legal advice. Problems relating to family breakdown are complex and unique. We are able to offer sympathetic understanding and clear advice at a time when it is most needed. We have experience in family matters related to the breakdown of your relationship and can help limit your anxiety on these issues.
Family problems are particularly difficult and emotional and subject to unexpected change. We aim to offer you vital comprehensive advice together with support and sensitivity.