How to get divorced

Decided to get divorced?

Divorce can be one of the biggest decisions you will ever face in your lifetime. The process will see relationships and families breakdown. But if a relationship has permanently broken down and you have thought long and hard, it may be the best decision you will ever make. Divorce may seem daunting to begin with, but be reassured, our established divorce team will offer support and guidance when you need it most in a caring, professional manner.

First steps to divorce

Before you proceed with the divorce you must be a permanent resident and married for at least a year. Unfortunately, there are no exceptions. The first step is to apply for a divorce at court. When contacting our friendly solicitors, our team will listen and guide you in how to complete this process. To begin with, you will need to decide from the following the reason for your grounds for divorce: –

  • Adultery
  • Unreasonable behaviour
  • Both of you have been separated for two years and you both agree on the divorce
  • You have been separated for five years
  • 2 years Desertion

Our divorce solicitors will talk you through your options to fit the above criteria and to go ahead with divorce proceedings.

Once you have ascertained the reason, Keelys will assist you in completing a divorce petition form. This will be sent to your local divorce centre together with a £550 fee. The court will send your spouse the divorce application and an ‘acknowledgement of service’ form. They will need to respond within 8 days as to whether they agree or disagree. If they contest the divorce, the matter will be taken to a hearing for the court to decide. (Changes to contesting a divorce take place in autumn 2021) 

Applying for a Decree nisi

The decree nisi marks the midway stage to the divorce process. This is the confirmation from the court that it is satisfied that the grounds for a divorce have been acknowledged. Our specialist divorce solicitors will assist in producing a statement you must file in support of the divorce.  

If your husband or wife does not agree to the divorce, you can still apply for a decree nisi. However, you’ll have to go to a court hearing to discuss the case, where a judge will decide whether to grant you a decree nisi.  Once all the documents have been reviewed by the court, they will reach a decision whether your marriage can now come to an end and conclude the divorce proceedings.

The final stages Decree absolute

This document will bring your marriage to an end. The decree nisi (as mentioned above) provides the date you can apply for the decree absolute. Typically, this will be at least six weeks from the date of decree nisi. Once this has time has passed, you can then apply for the decree absolute. The court will check time limits have been met, and that there are no other reasons not to grant the divorce. Finally, the court will send the certificate to both parties legally bringing your marriage to an end.

Do I need to attend court?

Unless there is a dispute regarding the divorce proceedings or costs by either party, neither the petitioner nor the respondent has to attend the hearing.

Get the right advice and support with us

Our established divorce solicitors have years of experience handling divorce proceedings in a sensitive, professional manner. At Keelys, we understand that divorce will be a difficult and distressful event for everyone. We understand that every case is personal, so it is our priority to ensure that you have the right support and legal guidance to finalise your affairs.

For advice or a consultation, contact one of our specialist team on 01543 420 000 or visit here

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