Once you’ve decided to get a divorce, it’s crucial to realise that the decisions you make now, and how you deal with your divorce, can have a long lasting impact on your life and your family’s future.
To avoid ending up saying “if only I knew then what I know now” it’s best to start your divorce by talking to a Divorce Solicitor who can give you the information you need to make sure you know exactly where you stand, and what happens in the divorce process.
For example, a Decree Absolute will legally end your marriage, but it won’t deal with any of your matrimonial finances or any matters related to your children. A Divorce Solicitor can discuss your financial situation with you, offer advice on what would be a fair outcome for you and discuss the options for caring for your children after you get divorced.
For initial advice get in touch with our nationwide team of Divorce Solicitors.
We're rated‘Excellent’Regardless of whether you hire ten Divorce Lawyers or buy a cheap DIY divorce pack, a divorce in England or Wales will usually take six months, often longer if finances aren’t agreed or there are delays at your regional Divorce Centre, or in the Courts.
You can apply for a divorce in England and Wales if:
If you can’t get a divorce, you could consider a legal separation or an annulment, but these are quite unusual. You may decide to simply wait until you can be divorced instead.
In England and Wales, there is only one ground for divorce, which is the irretrievable breakdown of the marriage. The person who starts divorce proceedings (called the Petitioner), when issuing the divorce application, must show that the marriage has irretrievably broken down by relying on one of five facts.
Getting a divorce in England and Wales is much more straight-forward than it ever has been, but it’s important to be careful of any pitfalls that may come with attempting to do a DIY divorce yourself.
A fair divorce financial settlement will completely depend on yours and your family’s circumstances. What you might think is fair, your former partner might disagree with and vice versa.
Going to Court to get a divorce will cost more money and take more time. The only time a divorce ends up in court is if one party feels the marriage has not broken down or if one party decides to answer the petition. This means that although they agree the marriage has failed, they do not accept responsibility for it. So, while it may be very difficult, it’s best to try to put your emotions aside whilst you have important discussions about your finances and how you’ll both care for the children after you are divorced.
Mediation can be arranged to help you reach an agreement on the finances and the arrangements for your children too, which will be easier for you, your children and for your former partner in the long run.
Our Divorce Solicitors can help you to negotiate a fair divorce settlement with your former partner and help you with the separation of matrimonial assets as well as arrangements for the children.
There is only one ground for divorce, which is that your marriage has irretrievably broken down. When you apply for a divorce, you’ll need to give one of the five ‘facts’ that show your marriage has irretrievably broken down. These are what many people mean by “grounds for divorce” and they are:
If your spouse had sex with someone else of the opposite sex, they’ve committed adultery. It is not necessary to name the individual your spouse had sex with in the divorce petition but your spouse will have to admit the adultery took place. If you knew about this and continued living with your partner for more than six months, you cannot use adultery in your divorce.
Unreasonable behaviour is defined as any behaviour that means you can’t be expected to live with your husband/wife any longer. This can include things such as:
Unreasonable behaviour covers a wide range of things and is the most commonly used fact in divorces in England and Wales.
If you’ve been separated for least 2 years then you can use this fact in your divorce. You can still be separated if you are still living together, but you will need to show that you’ve had separate bedrooms and led separate lives for the whole two years.
To use this fact, your former partner must agree to the divorce in writing.
Even if your former partner does not want to get a divorce, you can apply for a divorce after you’ve been separated for at least 5 years.
Desertion is when your former partner leaves you for at least two years. This is sometimes called “abandonment” and is rarely used in divorce proceedings.
If your former partner has started divorce proceedings and you’ve received this form from the Court, see How to Fill Out a Divorce Acknowledgement of Service Form or contact our Divorce Solicitors.
Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0808 239 3465
