You may want to go ahead with your separation or divorce in your chosen timeframe but I believe it’s crucial that you have the requisite information to make informed decisions on when you should get divorced.
If you look at some divorce websites, they tell you that you can get divorced at the click of a button without needing to speak to anyone. That may be technically possible but I don’t believe that it’s the best option for anyone. That’s not because I am old fashioned – I love my gadgets and technology, but getting divorced isn’t just about the divorce process. It is also about making sure that you have the help you need to support you through your divorce as well as securing the right child custody and contact arrangements and achieving a fair divorce settlement.
Should I get divorced?
You may know that you want a divorce. That’s fair enough. Not everyone is so sure. If you aren’t certain about what you want you should still speak to me. Whilst I won’t tell you whether you should get divorced or not, I can explain how getting divorced might affect your child’s childcare arrangements or your finances or your immigration status. With that information you can then make an informed choice about the best option for you.
If you decide you don’t want to get divorced but you want to separate from your husband , wife or civil partner then I can prepare a separation agreement for you.
If divorce proceedings are how you want to proceed then I can sort out the divorce paperwork and help you through the divorce process as well as agreeing child custody and contact arrangements and the divorce settlement.
When can I get divorced?
You can get divorced or end your civil partnership if you have been married or in a civil partnership for at least 12 months. If you know shortly after the marriage or civil partnership ceremony that you have made a mistake then it’s best to take legal advice straight away as that may limit financial and other claims. All the divorce paperwork can be prepared ready for you to start the divorce proceedings as soon as the 12-month requirement has been met.
When should I get divorced?
The timing of your separation and divorce proceedings can be important. That’s because there are different capital tax regimes for married and separated and divorced couples. Getting the timing of your separation and divorce right could reduce your tax bill or avoid a tax bill.
The timing of your separation, divorce or the ending of your civil partnership could also affect your or your partner’s immigration status.
How can I get divorced?
Under current divorce law you can get divorced if your marriage has irretrievably broken down. You will need to file a divorce petition citing 1 of 5 reasons for the irretrievable breakdown of your marriage, namely:
- Adultery.
- Unreasonable behaviour.
- Separation for 2 years or more and your husband or wife agrees to the divorce.
- Separation for 5 years or more.
- Desertion.
Will how I get divorced affect child custody or the divorce settlement?
The basis for the divorce proceedings won’t usually affect the outcome of any child custody or financial settlement proceedings. If you have received a divorce petition and you are worried about the contents then take some legal advice for reassurance and to help you sort out child custody and contact and your divorce settlement.
How to get divorced – the divorce process
The divorce process can be broken down into stages:
| Action | Comment | |
| 1 | Consider the basis for divorce proceedings and try to agree the reason for the divorce with your husband or wife. | It is best to agree how you will start the divorce but there are cases where this isn’t possible, for example, where there has been domestic violence. |
| 2 | Lodge the divorce petition, court fee and supporting paperwork at the family court. | It is important that the right documents are sent as if not the divorce proceedings will be delayed. |
| 3 | The court serves the divorce petition on the spouse who is responding to the divorce proceedings (respondent). | The court will send the paperwork by post but if there’s no response other types of service can be attempted by the person seeking the divorce. |
| 4 | The respondent to the divorce completes an acknowledgement form agreeing to the divorce. | Whilst it is possible to contest a divorce this is very rare. |
| 5 | The divorce petitioner receives the acknowledgement form from the court and applies for directions by completing an application and statement. | The statement confirms the information in the divorce petition. |
| 6 | The court reviews the application and if it is satisfied with the paperwork, it gives a date for a decree nisi hearing. | If there is a problem with the paperwork you will need to renew the application. |
| 7 | Pronouncement of decree nisi. | You don’t need to attend the decree nisi court hearing. |
| 8 | The petitioner applies for decree absolute of divorce. | The petitioner has to wait six weeks from the date of decree nisi before they are able to apply for the decree absolute. |
| 9 | Decree absolute pronounced. The decree absolute means the marriage is legally ended. | The decree absolute finalises the divorce proceedings. If the petitioner doesn’t apply for decree absolute the respondent can apply after 3 months from when the petitioner could have made their decree absolute application. |
No fault divorces
You may have read about no fault divorce. The government is introducing no fault divorce but the court process will be very similar to the current divorce stages.
Ending a civil partnership
Ending a civil partnership is legally referred to as ‘’dissolution’’ rather than divorce but the process is the same, except you can’t start dissolution of a civil partnership proceedings based on the fact of adultery.