Divorce & Separation

The legal process of ending a marriage or civil partnership can have a major emotional and financial impact on all family members.

If you are having problems in your marriage or partnership, you should first consider whether these difficulties could be resolved with the help of a trained relationship counsellor. Organisations such as Relate could help you.

If you do decide to divorce or dissolve your civil partnership, we will be able to advise and guide you through the process. We will outline your options at every stage and give you the information to make your own decisions.  One of the first things that you must do, is to make or re-visit your will to ensure that it meets your changing circumstances

Reasons For An Application For Divorce
To get a divorce in England and Wales, you need to show that you have been married for more than a year and that the marriage has broken down.

The marriage must have broken down for one of these reasons: 
Your spouse has committed adultery and you find it intolerable to live together. 
Your spouse has behaved in such a way that you cannot reasonably be expected to live together. 
You have been separated for two years and your spouse agrees to divorce. 
You have been separated for five years. 
Your spouse deserted you more than two years ago.

The Divorce Process 
Divorce petition is sent to court. 
A copy is sent to your husband or wife. 
Your husband or wife completes an Acknowledgment of Service. 
If undefended, you sign a statement confirming details are true. 
Judge considers all the papers and decides if you are entitled to a divorce. 
Court sets date for pronouncement of Decree Nisi. 
6 weeks and 1 day after Decree Nisi you can apply for Decree Absolute.

The time it takes to get a divorce will vary according to the complexity of each case and the practice of the particular court.  Even the most straightforward divorces will take between 4 and 6 months.

If you decide to divorce then it can also be a good time to consider making a will. If you have made a will already it might need to be changed when you divorce. If you re-marry then any will you have already made may need to be changed.

Contact us to discuss any questions that you may have about getting divorced.