Essential advice when applying for a divorce
POSTED 24/10/17
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.
Questions to consider when speaking to a divorce lawyer:
- Have you been married for a year?
- What are the circumstances?
- Are there children involved?
- Is there property or finances to consider?
- How much will it cost?
You can’t divorce before 12 months of marriage. If you’ve been married for less time it is worth exploring with your solicitor if there are different legal remedies for your particular situation.
If your spouse has had an affair, acted badly towards you or you’ve have been living separately for a number of years you will need to detail these issues in your court application. It is good to have your reasons thought through before you speak to your solicitor.
Your solicitor can help navigate child care, contact arrangements and maintenance payments, so have details on hand of any current arrangements and whether these are working.
Have details of any property and your financial position ready to share with your solicitor.
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.
Divorce in three-steps – how your solicitor will help if you are seeking a divorce:
- Application for divorce
- Decree nisi
- Decree absolute
Your solicitor will advise you on the best way forward and draft the divorce petition. Once the petition has been issued by the court, your solicitor will handle all paperwork and contact with the court, taking away the burden of dealing with the legal formalities.
If your spouse agrees to the divorce a decree nisi will be issued without the need for you to go court. Your solicitor will correspond with your spouse or their solicitor and be there to assist you.
Your lawyer can apply for decree absolute six weeks after the decree nisi. This is the legal document that ends your marriage. Once you get the decree absolute, you are divorced and free to marry again if you wish.
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
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.”