Why Divorce isn’t Final

Author:
Jane Auty
Partner, Regional Head of Family Law
Date:
16/01/2019

The term “quickie divorce” is often casually thrown around in the press when celebrity couples are splitting up. However, the term is somewhat misleading, as these reports tend to describe just one aspect of the divorce process, rather than the process as a whole.

As Divorce Solicitors, it’s important for us to be clear and manage expectations about what is and isn’t possible. Couples can’t simply walk into a room and expect their divorce to be finalised in mere minutes. So when a celeb magazine talks about a quickie divorce, they’re usually referring to how long it takes the Court to give the couple a Decree Nisi.

A Decree Nisi is a legal document that says the Court cannot see any reason why a couple can’t divorce. There are five grounds for divorce in England and Wales, which the Court will consider before granting a Decree Nisi.

The Grounds for Divorce are:

      • Adultery (defined as sexual intercourse between a man and a woman)
      • Unreasonable behaviour
      • Desertion for two years
      • Two years’ separation (with consent from both parties)
      • Five years’ separation (without the consent of one partner)

After a Decree Nisi has been granted, couples have to wait for at least 43 days (6 weeks and 1 day) before they can apply for a Decree Absolute to end the marriage. However, many couples will delay applying as they need to reach a financial settlement – and this is often where the divorce process can take a while.

For initial advice, get in touch with our Divorce Solicitors.

Call us on 08002605010 or request a callback and we will help you.

Obtain a Financial Order

A Decree Absolute doesn’t wipe out any financial commitments you may have with your former spouse, so if you want to take steps to protect your wealth, you’ll need to apply to the Court for a Financial Order. If you don’t, your ex may be able to stake a claim to some of your assets, even those you acquire after divorcing.

For instance, if you come into some money, perhaps through winning a lottery jackpot or receiving an inheritance, you could be in a vulnerable position unless you’ve got a Financial Order in place.

Couples within divorce proceedings can enter into a financial order (often referred to as a Consent Order) which recites the agreement they have reached. This can set out how specific financial assets are to be divided and can provide for a clean break to make it clear they don’t have a financial claim against the other.

While some divorces may be resolved fairly swiftly, there’s no way to take shortcuts. It doesn’t matter how famous you are, and rushing through a divorce isn’t advisable if you want to get the best outcomes.

Our Divorce Solicitors can navigate you through the whole process, offering the best legal advice every step of the way and working hard to achieve your objectives.

For initial advice call our Family Law & Divorce Solicitors

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