A Brief Guide To Divorce
Divorce is the formal process to bring your marriage to an end, if you decide divorce is the only way forward you will need to follow a 4-step legal process.
In order to initiate divorce proceedings, you will first need to send the original copy of your marriage certificate along with a divorce petition to your local family court. In this petition, you will need to give basic information about yourself, your spouse and any children, such as names, addresses and ages of the children. You will also need to state the reason for the breakdown of the marriage.
Currently, the courts will look for one of five reasons:
Adultery: Where your spouse has had sexual relations with another party during your marriage.
Unreasonable behaviour: Where your spouse has behaved in a way that you can no longer be expected to live with them.
Desertion: Where you have been deserted by your spouse for a period of 2 years or more with no explanation.
Separation for 2 years: Where you and your spouse have lived apart for two years or more and you both consent to the divorce.
Separation for 5 years: Where you and your spouse have lived apart for 5 years or more even if your spouse does not consent to the divorce.
Once you have applied for the divorce, your spouse will be sent an acknowledgement of service, this is a form in which they can either consent to the divorce or not. This must be returned by them within 7 days if they consent to the divorce or within 28 days if they do not.
Once your spouse consents to the divorce, or the court rules in your favour if the divorce is contested, you will then be able to apply for a “decree nisi”. This is a document issued from the courts that states they are satisfied with the grounds for divorce. You will still be married after the “decree nisi” is issued and will have to wait at least 6 weeks and 1 day to apply for a “decree absolute”. This is the legal document that ends your marriage, once you receive this you will be legally separated and able to remarry. During these 6 weeks, it is useful to begin proceeding any financial or child matters which are dealt with as a separate matter to the divorce.
An uncontested divorce will usually take around 6 months to finalise, however, this may take longer if a financial settlement cannot be reached. It is strongly recommended that you seek legal advice as to a financial settlement as a “decree absolute” will not necessarily grant you a “clean break”. Without this, your spouse may be able to bring a claim to any future finances or assets you acquire, even if you remarry. You may also need to update your will, as a “decree absolute” will invalidate any inheritance you leave your spouse and potentially lead to intestacy.
The divorce process is due to change in April 2022 with the new Divorce, Dissolution and Separation Act 2020 which will implement a new ‘no fault’ divorce and a new minimum time frame.
Want to speak to a member of our team?
If you require additional information or legal assistance, please do not hesitate to contact the Family Law Team at MJP Law on 01202 842929 or email us via info@mjplaw.co.uk
