Deciding to get divorced is a major, life-changing decision. A divorce can be an opportunity to start a new chapter in your life and grow stronger from the experience but it is also normal to feel sad, angry, frustrated, confused, anxious or just plain exhausted! You may need time to grieve your relationship and re-energise. There is lots to think about – where will you both live? If you own your home, will you sell it? Who do you need to tell that you will be no longer married? If you have any children, what arrangements will be made for them? And what happens if you can’t come to an agreement about property, money or children? During this time, you may be confused about the multitude of divorce solicitors offering their services and wondering who to choose.
A divorce solicitor will discuss the details of the situation with you and advise you accordingly. They will correspond with the other party and their solicitor and will prepare court papers and other documents, after gathering the relevant evidence. They will represent you at any preliminary hearings and instruct a barrister to represent you in court if necessary. They will also ensure that steps are taken to ensure any agreements or court orders are implemented.
If your partner does not object to the divorce, this is called an undefended divorce and may be quite straightforward. If your partner does object to the divorce, this is called a defended divorce. You will need to show the county court that your marriage no longer exists. Evidence could include adultery, unreasonable behaviour, desertion or two years separation, for undefended divorce, or five years, for defended divorce.
You can’t apply for a divorce unless you have been married for at least a year. Your marriage must be recognised under UK law and either you or your partner must live in the UK at the time of the application or have lived in the UK for the year prior to the application.
Most divorce applications are undefended. In these cases, the court will issue a decree nisi after the application. This does not require a court hearing. The court will want to ensure that satisfactory arrangements have been made for any children you have. If there are issues about arrangements for your children or any financial issues, this could mean that the divorce process takes longer. Six weeks after the decree nisi is issued, the original applicant can apply for a decree absolute. This finalises the divorce and either partner can re-marry.
An example of a straightforward divorce could be that of Miranda and Andrew who divorced after two years of marriage. Andrew had been away with work a lot and Miranda had been having an affair for two months. They agreed to make their divorce as amicable as possible and consulted divorce solicitors. Andrew submitted a petition for divorce and they agreed to share the cost of the divorce. They agreed a division of their assets, including their house, savings, shares and two cars. They agreed not to include their pensions in the agreement. They were able to finalise their divorce within four months and there is a court order in place to preserve their agreement.
However, matters can become more complicated than this. If you apply for a divorce and your partner wants to contest this, they will have to submit an ‘Answer’ to the court. There may be a court hearing to decide if the marriage has broken down or not. If the court decides to grant the divorce, they will issue a decree nisi and then a decree absolute can be applied for six weeks later.
As part of a divorce, you can apply for a court order for financial support. You may be required by the court to attend a family mediation meeting. Before making a court order, the financial circumstances of both parties will be considered. A court order for the financial support of any children may also be made.
Choosing a divorce solicitor can be difficult. You will want to be represented by someone who has your best interests at the core of their work and who has the knowledge and experience to advise you and guide you through what could be a difficult process. Going through a divorce can be an emotional and stressful experience. That’s why it’s important to have a firm like Macks Solicitors on your side. We can guide you through the complexities of the divorce process and advise you on grounds for divorce and the evidence needed. Coming to an agreement with your partner may be difficult and the process may be smooth or not so smooth but knowing there are experts on your side can help ease some of the stress.
