Separation and divorce can be difficult and emotionally demanding, and not often something you want to go through alone. Family, friends, support services and professional advisers are all here to help.
Bringing your marriage to a formal end involves an application to the Court requesting divorce because the relationship has irretrievably broken down. If you are petitioning for divorce you will need to say whether the breakdown is because of one of 5 facts:
- Unreasonable behaviour
- 2 years’ separation (with consent)
- 5 years’ separation
The divorce process can often be dealt with as a paper based application. To formalise a divorce there are two ‘decrees’ that the Court must issue. The first is a Decree Nisi, which says that the Court cannot see a reason why the divorce can’t proceed. The Decree Absolute, which formally ends your marriage can’t be issued until at least 6 weeks after the Decree Nisi. If you don’t apply for the Decree absolute within 12 months you will have to explain the delay to the Court when you do apply.
The formal process of ending your marriage is only part of the arrangements that need to be made to bring your relationship to an end. You will probably need to go through a separate court procedure for financial arrangements, and this will have to be in place before the Decree Absolute can be made.
You may need to go through a separate procedure to formalise arrangements for your children.
Until the decree absolute has been made you are still legally married. You may have rights to inherit if your spouse dies and you are not free to marry someone else. Our private client solicitors can help you to make a will while your divorce is going through, to make sure that your assets are protected if you die before the divorce is final.
Our friendly and pragmatic private client solicitors will talk to you about your concerns and work out how best we can help you.
When you contact us we will ask you to tell us:
- A brief description of your problem
- Your contact details, including the best phone number to contact you on
- Whether you plan to pay privately for any fees or whether you intend to apply for legal aid. (To find out whether you might qualify for Legal Aid please visit www.gov.uk/check-legal-aid)
At Glaisyers we will always help where we can. In some cases, where we can’t deal with your family law enquiry ourselves, we will refer you to a trusted independent solicitor who specialises in the particular area you need.