Raleys Solicitors

Question:  I am considering divorcing my husband but feel intimidated by the procedure involved and how financial issues will be sorted out.

Raleys Solicitors’ Reply:  It is understandable that when contemplating a separation there are fears and concerns about what the process will involve, not to mention the emotional strain and upheaval that a person can face.   However, the actual divorce itself is usually straightforward and can often depend on the solicitor who is acting.  When seeking legal advice the best option is to chose a solicitor who is a member of Resolution.  This will ensure that they will be committed to dealing with the case in a constructive and non-confrontational way.  This ethos is adopted to ensure that an individual’s dignity is preserved and to encourage agreement.   In most cases, this will help to ensure the process proceeds as quickly and smoothly as possible.

Raleys Solicitors’ Guide to Divorce Proceedings

The starting point is to realise there is only one ground for a divorce which is the irretrievable breakdown of marriage.  This ground has to be supported by one of five facts which are adultery, unreasonable behaviour, desertion after 2 years, 2 years separation with consent and 5 years separation.  It follows that if an individual needs a divorce straightaway they will have to rely on adultery or unreasonable behaviour.  Therefore, your solicitor will need your original marriage certificate and details of the circumstances surrounding the breakdown of your marriage so that they can prepare your petition based upon the chosen fact.

There is an extra form to complete if the couple have children.  The law requires that divorcing couples try to agree the arrangements for their children before starting the divorce.  Therefore, the individual proceeding with a divorce will submit a Statement of Arrangements for Children form setting out their proposals.  This will be sent to the other party who will be invited to confirm their agreement with the proposals by signing and returning the form within 2 weeks.  It is important to remember that this document is not a contract but simply a reflection of the arrangements for the children at that point in time. Furthermore, this document does not necessarily have to be agreed and the divorce can proceed even in the absence of an agreement.

When the Statement of Arrangements form has been returned, or after the 2 week period has run out, the divorce petition and supporting documents are sent to the Court.  They will then send a copy to the other party together with a form known as the Acknowledgment of Service.  The other party then has 2 weeks in which to complete and return this form saying how they intend to respond to the petition. Once your solicitor has received the Acknowledgment of Service from the Court, it is then possible to apply for a date for the divorce.  This is known as the decree nisi.  The decree nisi is the Court’s way of saying that the person issuing the proceedings is entitled to a divorce in principle but they then have to wait 6 weeks before they can apply for the decree absolute making the divorce final and binding.  Provided the other party does not contest the divorce it will then take approximately 4 to 6 months to obtain the decree absolute.  Provided both parties agree about everything including the costs there will be no need for anyone to attend Court.

Financial Issues

The best way of sorting out the financial aspect of the divorce is for both parties to provide full details of their financial circumstances, supported by documentary evidence, and to come to an agreement concerning financial matters.  This agreement can then be confirmed by a Court Order known as a Consent Order making it final and binding.  The procedure for obtaining such an order is very simple.  It is simply a matter of sending some agreed paperwork to the Court which then makes the order without anyone having to attend.

The contents of this article are intended for general information purposes only and shall not be deemed to be or constitute legal advice. Raleys Solicitors cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

If you have a question on family law, email us on family@raleys.co.uk.