Deciding to end a marriage can be an extremely confusing and stressful time, full of uncertainty and not knowing where to turn next. When families split up, it can raise many questions about how best to move forwards. Here we have provided some guidance on what happens when you make the decision to divorce.
To be entitled to a divorce, all of the following must apply:
The stages of the divorce process are as follows:
To apply for a divorce you will need:
Currently in England and Wales if you wish to divorce, then you must prove to the Court that your marriage has irretrievably broken down. However, simply saying you no longer wish to be together is not enough under the law as it currently stands. The breakdown has to be proved in one of five distinct ways.
The only two grounds which can be used to immediately end a marriage are Adultery and Unreasonable Behaviour.
Adultery can be difficult to prove unless you have a written confession and accordingly unreasonable behaviour is an option which is often used. The behaviour does not have to be appalling or violent but it is important to note that the Court will need to be satisfied that the matters raised are sufficiently serious to justify a divorce based on unreasonable behaviour.
There is now the option of a ‘DIY Divorce’ where you can complete the forms yourself (without instructing a solicitor). See more information here.
However, experience shows that proceeding by way of a DIY divorce can often lead to delays and confusion regarding what is, and is not acceptable in terms of wording and evidence, making it expensive to proceed. DIY divorces do not always go to plan and you may find you need to instruct a Solicitor to represent you.
When it comes to divorce law, we have a great wealth of experience in achieving amicable outcomes even in the most awkward and difficult situations. We know from experience that each person’s situation is unique. We have seen virtually everything over the years. This is where our expertise can be vital in protecting your interests.
You may have concerns relating to arrangements for your children, your finances or even the family home.
If you can reach an agreement with your spouse, it is essential that it means what you think it does. You can ensure this by speaking to us and letting us draft or amend any documents. Divorce and family law can be very complicated, especially if you get it wrong!
Your finances are completely separate from your divorce and even if you are divorced it is imperative that you take advice in respect of resolving financial matters and are aware of the risks if you do not.
Contact us to arrange a consultation with one of our dedicated family lawyers who can talk you through the process, provide you with clear understandable legal advice and a tailored plan of action based on your own unique situation in order to protect yourself, your family and you finances.