Divorce Proceedings

Reaching the decision that your marriage has broken down is not an easy one. Divorce and separation are readily recognised as one of the most stressful experiences in life and getting the process right can affect the rest of your life and that of your children.

Being prepared for your divorce will reduce associated stress and ensure you know exactly what to expect down the line. Our divorce solicitors can guide you through the entire divorce procedure and ensure everything has been considered along the way.

Grounds for Divorce

There is only one ground for a divorce namely that the marriage has irretrievably broken down. This is proved by one of five facts:

  1. Your husband/wife behaved in such a way it is unreasonable to expect you to live with them
  2. Your husband/wife committed adultery and as a result you find it intolerable to live with them
  3. Your husband/wife has deserted you for a continuous period of at least 2 years
  4. You and your husband/wife have lived separate and apart for at least 2 years and they consent to there being a divorce
  5. You and your husband/wife have lived separate and apart for at least 5 years

What is the Divorce Procedure?

The process of ending your marriage does not have to be an adversarial process.

The family law protocol recommends that before any divorce petition is issued the parties via their solicitors attempt to agree the facts set out in the divorce petition. This will not be appropriate in all cases but can help take the heat out of the situation in others.

What if children are involved in the separation? (Click to expand)

If you have children then as well as the divorce petition itself you will also need to complete a form known as "Statement of Arrangements for Children".

Statement of Arrangements for Children

This form requires you to provide information about:

  • The details of all children both of the marriage or who have been treated as children of the family who are under 18 years and in full time education or training
  • Where your children live now
  • How your children are being educated
  • How your children are currently being supported
  • What the plans are for your children in the future

This is an early opportunity for you to think about what the arrangements will be for your children following your separation.

If possible, the statement of arrangements for children should be agreed with your spouse.

Ultimately there will be applications before the court to resolve the living arrangements and visiting arrangements for your children if they cannot be agreed between you. Usually, the judge will then certify that the arrangements for your children are satisfactory or the best that they can be in the circumstances.

What if there is a Dispute over the Children?

If there is a dispute with your spouse as to the living and visiting arrangements for your children the judge can list the matter for a short hearing to see if issues can be resolved with the intervention of the court.

Whilst the judge can list such a hearing of his own initiative in practice it is usually left to one of the parents to make a formal application to the court if there is a major disagreement.

Please view our specific divorce and children page for more information about child custody. Alternatively talk to our family law team confidentially on 0121 746 3360 or send the team a direct enquiry using our online contact form.

What happens next?

  • Once you have approved both the Divorce Petition and Statement of Arrangements the documents will be sent to your local County Court;
  • There they will be sealed and copies posted to your spouse;
  • Your spouse will then have to complete an Acknowledgement form to:
    • Confirm that he/she have received the divorce petition
    • Indicate whether they intend to oppose the divorce
    • Indicate whether they agree with the proposals for your children

Perhaps surprisingly 99% of divorces are not opposed. This is because you can allow the divorce to proceed without making any admissions and when the court comes to resolving the financial arrangements of the parties it does not take in to consideration whose "fault" it is that the marriage has broken down other than in very extreme and exceptional circumstances.

  • Once the acknowledgement has been returned you complete a sworn statement to confirm that the contents of your petition are true. The effect is much like giving evidence in the terms of your petition but without the need for you to attend court;
  • This is forwarded to the court and all of the papers are referred to a District Judge;
  • He will check that your petition is technically correct and that you have made out the grounds for your divorce;
  • If he is satisfied he will certify that you are entitled to a Decree of Divorce and a date will be set for the Decree Nisi.

Decree Nisi & Decree Absolute

The Decree Nisi, in a somewhat antiquated way, is still read out in court but there is in fact no need to attend. The person starting the divorce has to wait 6 weeks after the date of the Decree Nisi before applying to finalise the divorce in the form of the Decree Absolute.

This application is simply made through the post. The court staff will check that the 6 week period has elapsed and that no objections have been made to the divorce being finalised. Provided everything is in order the Decree Absolute will be sent out in the post and the divorce will be complete.

How long will the Divorce Procedure take? Can I have a "Quickie Divorce"?

There is no such thing as a "quickie" divorce.

Whilst divorce appears a relatively straight forward process there can be pitfalls along the way and it will usually take at least 6 months to complete.

Indeed in many cases the divorce will take much longer to finalise as it is common not to apply for the Decree Absolute until financial issues have been resolved. Such issues are far more complex than the divorce itself and can take much longer to resolve.

Our family law team will support and advise you on all issues relating to divorce law, financial matters and children. Don't leave things to chance, contact our experienced team today for comprehensive professional advice.