Legal Guide: Essential advice when facing divorce proceedings

Essential advice when facing divorce proceedings

POSTED 23/10/17


We understand that the end of a marriage is a life-changing moment but with the right support we can help you through the divorce process without undue stress. Our dedicated, sympathetic and experienced solicitors will explain what will happen, help protect your interests and alleviate anxiety, from start to finish.


Responding to divorce and how your solicitor will help:

  • Application for divorce
  • Once your spouse has issued an application to the court your solicitor will handle all paperwork and contact, taking away the burden of dealing with the legal formalities.

  • Decree nisi
  • If you agree to the divorce a decree nisi will be issued without the need for you to go court. If you decide to defend the divorce your solicitor will advise you every step of the way. They will correspond with your spouse or their solicitor and be there to assist you with any court hearing.

  • Decree absolute
  • The petitioner’s lawyer can apply for decree absolute six weeks after the decree nisi. This is the legal document that ends your marriage. Once the decree absolute is issued, you are divorced and free to marry again if you wish.


Divorce in three-steps – how your solicitor will help if you are seeking a divorce:

  1. Have you been married for a year?
  2. A couple can’t divorce before 12 months of marriage but it is worth exploring with your solicitor whether the circumstances might warrant a different legal remedy.

  3. What are the circumstances?
  4. Why is your spouse seeking divorce? Have you agreed to it or are there issues in dispute? It is useful to have any relevant details in mind so you can share the full picture with your solicitor.

  5. Are there children involved?
  6. Your solicitor can help navigate child care, custody and contact arrangements and maintenance. These are dealt with separately to the divorce.

  7. Is there property or finances to consider?
  8. Have details of any property and your financial position ready to share.

  9. How much will it cost?
  10. The costs can vary depending on the complexity of the case. We offer a free 30-minute consultation during which any fees will be explained clearly.

How long does divorce take?

On average the whole divorce process takes four to six months, but may take longer depending on the circumstances. We know that divorce doesn’t always run smoothly but we have the experience to spot issues that might escalate, and will advise you at every turn.


Divorce Dictionary

Petitioner

The person applying for the divorce

Respondent

The other party

D8

The court form used to apply for divorce

Decree nisi

A court order stating the date on which a marriage will end unless a good reason not to grant it is produced

Decree absolute

The final court order officially ending a marriage, enabling either party to remarry

Ancillary matters

Issues relating to the breakdown of the marriage that need to be decided, such as the division of property assets and child custody. This can be done though the courts or directly between the parties

Please note that these guides are for informational purposes only, and do not constitute legal advice. You can contact one of our expert consultant lawyers using the form below.

Joanna Abrahams
Joanna Abrahams

HEAD OF FAMILY LAW

“We know that divorce doesn’t always run smoothly but we have the experience to spot issues that might escalate, and will advise you at every turn. Having a professional on hand gives you peace of mind that everything is in order, leaving you free to live your life.

“To ensure a smooth transition make sure you talk through all issues with your solicitor, and have as much detail to hand about the marriage as possible, from significant dates to details of shared assets.”

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