Guide to divorce
At Hedleys, we know how disorienting divorce can be. As well as the emotional pressure it puts people under and the inevitable changes to living arrangements that it brings, there is also the mountain of paperwork deal with. Documents need to be filed at the court, finances diclosed, letters sent. It can all be very confusing. That's why were committed to keeping things simple, cutting through the jargon and taking you step-by step through the entire process. To start you off, we've created this free guide. We hope it answers a lot of your initial questions. Anything you don't find here, we'd be happy to discuss during your free initial consultation. Just contact us to find out more.
The basics
You cannot issue a petition for divorce until you have been married for one year. It is generally necessary that you are resident in the United Kingdom.
You will need to produce your original marriage certificate (or a certified copy obtained from the General Register Office). Once with the court, this document will be lost to you.
The grounds for divorce
There is only one ground for divorce, namely 'irretrievable breakdown of marriage'. This is proved by establishing one of five facts, as follows:
- Your spouse has committed adultery and you find it intolerable to live with them.
- Your spouse has behaved in such a way that it would be unreasonable to expect you to continue to live with them. The unreasonable behaviour is a subjective test, covering everything from violence at an extreme level down to lack of effection and communication.
- Your spouse has deserted you for a continuous period of at least two years.
- You have lived apart for a period of at least two years (sometimes in the same home) and your spouse agrees to a divorce.
- You have lived apart for a period of more than five years, meaning that you do not need your spouse's consent.
It is not compulsory that you name the third party in a case based on adultery, provided that your spouse has agreed.
The vast majority of divorces proceed undefended, where the respondent (the spouse receiving the petition) has indicated before issue that they are willing to agree to a divorce.
The divorce petition
The divorce petition is a standard form. We will need to add information to prove one of the five facts above. We can incude a request for your spouse to pay some of the costs, although it is usual that the couple will make arrangements about the costs before the petition is issued. The divorce petition will also include a claim for financial provision, where applications for what is known as 'ancillary relief' become separate proceedings within the overall divorce process.
The children
If there are children of the family under the ag of 16, or between 16 and 18 but still in education, a form known as a 'Statement of Arrangements for Children' also needs to be prepared and filed at the court. This deals with where and with whom the children will live and the contact arrangements for the other spouse. The parties are encouraged to agree these matters between themselves if at all possible.
Attending court
As for the divorce itself, it is not likely that you will attend court. You may, however, need to attend if thee is disagreement as to financial matters or the care of the children. All family proceedings are held in private.
Financial issues
It is usual for financial issues to be resolved during the divorce process or in the separate (but concrrent) ancillary relief proceedings if negotiation and mediation have not been successful. It is possible for financial issues to be left open for consideration after decree absolute.
Timetable
A straightforward, undefended divorce usually takes about 6 months. The process involves 3 signficant steps:
- The issue of the petition
- The filing of what is called a special procedure affidavit (basically, a statement) to make decree nisi. This is made after the respondent has acknowledged that they have received the petition.
- The application for decree nisi to be made absolute - this can be done 6 weeks after the date of the decree nisi.