Divorce

A divorce and its actual legal process is one aspect of many different and potential issues that separating couples may experience.

The actual divorce process is a paperwork exercise and, for the majority of the time, nobody needs to attend actual court. However, we of course appreciate this is a stressful time for clients and we encourage them to deal with the divorce process in the most cost-effective way, as stress-free as possible and our solicitors can advise you and explain the best choice for you.

The only ground for divorce is the irretrievable breakdown of the marriage, and under the Divorce, Dissolution and Separation Act 2020, it is no longer necessary to establish this by using one of the 5 facts of adultery, behaviour, desertion, two years separation with consent or 5 years separation. Parties wishing to divorce must now simply state that their marriage has broken down irretrievably.

Divorce Applications can now be made by one party alone, or by both parties together as a joint application.

The Divorce, Dissolution and Separation Act 2020 now makes it almost impossible to defend a divorce, except on extremely limited grounds. You cannot obtain a divorce until you have been married for one year.

The paperwork process of the divorce takes a minimum of 6 months and you remain married during this time. There is now a mandatory 20 week waiting period between the issue of the divorce application and the next stage of the divorce (Conditional Order - previously Decree Nisi). There is a further mandatory 6 week waiting period between the Conditional Order and the Final Order (previously Decree Absolute).

There are sometimes good reasons to delay the Final Order (previously Decree Absolute), e.g. there are pension issues which mean it is better to be a widow or widower rather than the former spouse in the event of an untimely death.