If you are contemplating starting the divorce process, or have had it thrust upon you, there are several questions that you will need answering:
The Divorce Process
How do I go about getting a divorce? How long will it take? What exactly is involved? How much does it cost? And, what are my rights?
Currently, 1 in 3 marriages break down and we all know someone who is going through a divorce process or have been divorced in the past.
The fact is that every marriage is different, so every divorce process is different. This is why you need a specialist solicitor to guide you through your divorce, offering reassurance, support and expert guidance.
Everybody has the right to seek a divorce if they so decide, with or without the agreement of their spouse.
What is the divorce process?
In broad terms the new no-fault divorce process is as follows:
• One or both parties provide a legal statement to the court confirming that the marriage has broken down (the application).
• The court will usually be responsible for service of the application and if possible, it will do this via email. The court will also need to send a notice of confirmation to the respondent’s postal address.
• The respondent needs to reply to the application within 14 days.
• There must be a period of reflection of 20 weeks from the date the proceedings started before the conditional order for divorce can be made.
• A further period of six weeks and one day (43 days) must elapse after pronouncement of the conditional order, before the applicant can apply for a final order. A final order ends the marriage.
Do I need a solicitor to get a divorce?
It is sensible to discuss your circumstances with a solicitor before you start. This is to make sure that you are not missing something that you might regret later.
What happens after the divorce?
Following the final order, the marriage is over but there are other issues to consider. The financial settlement may still need to be resolved. Also there will be an effect on your will. It is also important not to remarry as this will affect any financial claim against your ex-spouse.
If you are planning divorce or have had it thrust upon you, do get in touch for a fixed fee consultation to discuss your particular circumstances and consider the best way forward.