January 15, 2021

Divorce is not a situation many people plan to be in and, as such, it is common to feel unprepared when faced with it. While divorce is often a complex and emotional process, understanding the steps that need to be taken can help you feel more in control.

This article will give a brief outline of the divorce process but for further information please download our full guide here, or get in touch with a member of our team who will be happy to help.

Legal basis for getting divorced

To get a divorce in England and Wales, you must first show that you have been married for at least 12 months and that the marriage has irretrievably broken down (meaning the relationship is definitely completely over) for one of the following reasons:

• Adultery
• Unreasonable behaviour
• Desertion (meaning your spouse left without your agreement for at least two years within the last two and a half years)
• Separation for at least two years (if you both agree to the divorce)
• Separation for at least five years (with no need for your ex-partner’s agreement).

It should be noted that ‘no-fault divorces’ should be brought into law in autumn 2021, which will replace these five options with a new requirement to provide a statement of irretrievable breakdown.

You must also be living in the country when you apply for divorce, or have been living in the country within the year before the application is made.

The process for getting divorced

Once you have established that you are able to get divorced you can begin the process.

The first step is sending to the family court a ‘Divorce Petition’. The court will then send this to your ex-partner, who must respond by sending back an Acknowledgement of Service’ to the court.

Once this has been completed, you can apply for a ‘Decree Nisi’ which is confirmation that the legal criteria for a divorce have been met. Six weeks and one day after this you are permitted to apply for a ‘Decree Absolute’ which is the final court order that formally ends your marriage – completing your divorce.

This process often takes between four and six months but can vary drastically depending on your individual circumstances. While the above outlines the legal steps that must be taken, there is often much more to be considered during the divorce process such as agreeing child arrangements, dividing assets or handling disagreements. In these situations, working with a solicitor can help guide you through the process.

Handling complications

When picturing the divorce process many couples conjure up worrying images of headaches, late nights and courtroom drama, but this doesn’t always have to be the case. Whether its mediation, arbitration or collaborative law there are a number of options available to minimise the likelihood of you having to attend court. As members of Resolution, an organisation dedicated to taking a constructive approach to family issues, our team are on hand to help you find a positive solution wherever possible.

Get in touch

If you’re facing divorce and feeling overwhelmed, remember you are not alone. Our experienced solicitors are here to support you through the process. Whether you’re ready to proceed now or have questions about your situation, our team offer free 20 minute consultations. Get in touch today to book yours.

< < back to latest news

Archive

  • Can future employers look at your social media profiles?
  • Cohabitation agreements: the common law marriage myth
  • Domestic violence – what is coercive control and how can we help?
  • The stay on possession proceedings has been extended with an important change
  • Telling children about separation and divorce
  • Making decisions about divorce when children are involved
  • I want a divorce – what do I need to do?
  • When do you need a solicitor for divorce?
  • Good Divorce Week 2020
  • Premarital agreements: what’s changed in the last decade?
  • Covid-19 and the value of the family home upon divorce
  • Coronavirus and childcare: facilitating contact in the ‘rule of six’ era
  • Jackie Finds New Family at Terry Jones Solicitors
  • Significant surge in divorces
  • Understanding restrictive covenants and furlough leave
  • Redundancy rockets in the UK
  • Furlough scheme enters its next phase in September 2020
  • Coronavirus eviction ban to be extended by four weeks
  • How do self-isolation rules affect Statutory Sick Pay?
  • Potential criminal charges for Shrewsbury and Telford Hospital Trust
  • Gas Safety Certificates and Section 21 notices – a new ruling
  • Action Mesothelioma Day 2020: the dangers of asbestos in the workplace
  • Flexible furlough: how does it work?
  • No-fault divorces: ending the ‘blame game’
  • Ban on tenant evictions extended to August 2020
  • Redundancy and furlough leave
  • Collaborative Law and Covid-19
  • Can you recoup ‘no win, no fee’ legal costs in Inheritance Act Claims?
  • Changes in Employment – what are your rights?
  • What is a protective award claim?
  • Your family law lockdown questions answered
  • Continuing to help make Wills
  • Companies House strike off policy and late filing penalties (Covid-19 changes)
  • Domestic Violence during the Covid-19 Pandemic
  • Employment law support for your dental practice
  • What is a Settlement Agreement?
  • Be wary of ‘DIY’ probate
  • Closing the gap on forgotten employees
  • How effective is your Force Majeure clause?
  • “I don’t need a Lasting Power of Attorney as my family will look after me”
  • Landlord and Tenant court hearings
  • Companies House extension for filing annual accounts
  • Updates for landlords, April 2020 – COVID-19
  • Employment law pitfalls in a pandemic
  • COVID-19 Your holiday entitlement
  • Making redundancies due to coronavirus
  • Family Court Guidance during COVID-19
  • Coronavirus Job Retention Scheme: What is furlough leave
  • Still here for you
  • Property & Finance Attorney under Lasting Power of Attorney
  • CORONAVIRUS (COVID-19) UPDATE
  • 2020 has brought about exciting changes for our residential team
  • Freedom for All – Domestic Violence, Divorce and Pets
  • Season’s Greetings
  • It’s nearly that time of year again, Christmas is getting closer
  • Elf Day for the Alzheimer’s Society Charity
  • Who gets custody of the pet?
  • Are you concerned about your relationship?
  • An Ageing Population
  • Divorce is just as much an emotional process as a legal one
  • Braving the Zip Line for Charity
  • First Class Law Graduates
  • Shrewsbury Flower Show – A resounding success
  • To Pre-Nup or not to Pre-Nup?
  • Another successful show at Newport
  • PPI Claim Deadline is 29th August 2019
  • Ellen addresses audience at Ludlow Property Conference
  • New Trainee Solicitors
  • Need advice? Email us enquiries@terry-jones.co.uk