How to start Divorce proceedings in the UK - everything you need to know in one easy guide
Getting divorced can be complicated and stressful particularly if there are tricky areas to negotiate such as custody of children, financial commitments and property or other assets to consider. Having an idea of the how the process works can remove some of the stress and worry at this time. Everyone’s circumstances are different and it’s important to think carefully about how best to proceed. This guide intends to give a broad outline of the process.
Filing for divorce
To start divorce proceedings you have to have been married for a least a year. Whether this is your decision, your partners or a mutual decision, the Divorce papers (known legally as the petition) must be filed. Currently when filing for divorce it has to be that your relationship has permanently broken down for whatever reason. This will all change when a no-fault divorce will be available in Autumn 2021.
Can I apply for a divorce online?
It is possible to apply online at https://www.gov.uk/ apply-for-divorce. This will cost £550. This service only applies if you are applying for the divorce yourself. If your partner has a solicitor then you will need to make this application by post.
Do I need to hire a divorce lawyer?
You might at the initial stage decide to hire a divorce lawyer. Most lawyers will have a free initial consultation which can help you find the most suited to you. Think and choose carefully as not all lawyers will suit your particular case. It may be that your shared assets, family home and pensions need expert advice. If you have children it will be paramount to achieve the best possible outcome for them, so this will be key in your selection of a divorce and family law specialist.
Can I use a Mediator?
It may be that your divorce is an amicable one and you both feel that you can sort out all of your joint assets without a solicitor. In this case a Mediator may be of help. A Mediator is a third person who does not take sides but helps you reach a mutual agreement on all issues from financial to future child arrangements. Mediation can be used on its own or with a divorce lawyer.
Decree Nisi to Absolute
After filing the petition to the courts, you will have a case number and the copies will be sent to your partner. Your partner will then have to acknowledge receipt of these papers and agree to your petition.
Once you have this acknowledgement of your petition being returned to the court or that you can prove that your partner has indeed received the documents you can apply for Decree Nisi. This is the confirmation that the Court considers that the petitioner is entitled to a divorce.
Six weeks and one day after the date of the Decree Nisi the petitioner can apply for this to be made Absolute to finalise the divorce proceedings and thus ending the marriage. This whole procedure can take 4-6 months. The length of time it can take depends on the complexity of any issues, and it can vary considerably from case to case.
During this time it is normal to have highs and lows along the way especially if you are in a high conflict divorce battle. It’s important to remember as in any coaching situation that to reach a goal it takes steps. Sometimes that might include side steps but with your goal of divorce in front of you each step is progress. You will get there and if it was not your decision then it is time to leave the past behind and look to the future and exciting possibilities.