How do you go about getting a Divorce?
How do you go about getting a Divorce?
A divorce is the legal termination of a marriage. To start the ball rolling for the legal process in England or Wales, you must submit a formal paper application to court. This is known as your ‘Petition’. There is certain factual information which must be included in your petition, such as the full names of you and your spouse, and your dates of birth. Information about any children you have must also be provided in a separate form known as a ‘Statement of Arrangements for Children’.
The petition must also confirm that you satisfy three conditions which must be fulfilled to be able to apply for a divorce in England or Wales. These are:
- You must have been married for at least a year
- The court must have the power to be able to deal with the matter, known as having
‘jurisdiction’. This is generally based upon in which country you are living at the time, and on what basis. You do not, however, always need to be living in England or Wales to be able issue a divorce here - You must show that the marriage has irretrievably broken down
To prove that the marriage has irretrievably broken down, one of the following facts must be established:
- Your spouse has committed adultery
- Your spouse has behaved unreasonably
- Your spouse has deserted you for a period of at least two years
- You and your spouse have lived separately for two years and you both agree to the divorce
- You have lived separately for five years
This means that to be able to get a divorce immediately, without any period of separation, you must show some form of fault by your husband or wife. This can be upsetting and distressing, at a time when you feel vulnerable and anxious about the reasons for the breakdown of the marriage. A divorce solicitor can guide you through this part of the process and help you explain your position, giving you peace of mind.
Because your divorce petition sets out the basis upon which you are applying for a divorce, it is important that is completed properly and accurately. Otherwise, complications can arise later on, causing delay and further stress for you at a time which is already extremely difficult. A divorce solicitor can take you through the form and help you complete it to the best of your advantage.
Provided that your spouse consents to the divorce, the procedure is straightforward. It is a paper-based exercise so that neither of you must attend court. Your petition will be processed (‘issued’) by the court and then provided to your spouse. If they do not intend to dispute the divorce (known as defending the petition), they will complete a short form indicating that, and submit it to court. That ends their role in the divorce proceedings. You can then apply for decree nisi, the first of the two divorce decrees. Six weeks and a day after the pronouncement of decree nisi, you can make the divorce final by applying for the decree nisi to be made absolute. On the pronouncement of decree absolute, you will be divorced and the process is concluded.
How long will my divorce take?
Once you have made the decision to start divorce proceedings, you may be anxious for the process to be completed as quickly as possible. How long it takes to get a divorce depends upon a number of factors, including the speed of the court to process the forms, and how quickly you and your spouse work, together with your legal representatives. We appreciate the need to work efficiently and keep things moving. When everyone works quickly and with no unforeseen circumstances, you should expect your divorce to take between four to six months from beginning to end. In other cases, it can take a bit longer.
To take advice from solicitors who are experienced in dealing with divorce, and someone you can trust, contact Pannone Solicitors now on 0800 840 4929 or click here. Our trusted team of family law specialists are here 24 hours a day, 7 days a week.