Divorce process explained

Divorce process explained

If you are about to seek a divorce, it is likely you might have some questions about what actually happens and how long the process is. It can be daunting entering into the divorce process, but our team of family law professionals will help guide you through every stage of the process.

Below we talk through the process of divorce and what to expect.

What actually happens when you get divorced?

To begin a divorce, you will have to prepare and issue a Divorce Application (previously called and still often referred to as a Petition) which is brought by the person seeking the divorce. This person is called the Applicant/Petitioner. Your solicitor will draw up the Divorce Application and then you will need to sign it. There is only one reason you can cite for seeking a divorce which is ‘irretrievable breakdown of the marriage’ which must be supported by one of 5 reasons namely: adultery, unreasonable behaviour, 2 years of separation with consent, 5 years of separation without consent, or desertion.

How long does a divorce take?

A divorce can usually be completed within 4-6 months, however, financial matters may take longer.

How much does a divorce cost?

Not every divorce is the same and so the cost of a divorce is dependent on the amount of work involved in the case. We offer a one hour fixed fee initial appointment during which we will assess your circumstances. We will then explain the costs involved and give you information about the funding options available to you.

What is divorce?

Contested divorce and Uncontested divorce

An uncontested divorce is when both spouses agree to the divorce. This is the most common and makes the process quicker. A contested divorce is when one spouse does not agree to the divorce. This makes the process more complex and means that the couple will have to attend court, usually for two hearings.

Dividing finances and assets

Splitting your joint assets can be complicated. If both spouses own assets jointly, then they will need to decide amongst themselves how to divide the assets. This could include equity from the family home, joint savings, pensions that may need to be divided along with any child maintenance or even spousal maintenance that will be paid from one spouse to the other. This is the Divorce Financial Settlement.

Getting a divorce financial order

A divorce financial order is an important order to put in place to fully end a divorce and completely sever financial ties between the two ex spouses.

How do I get divorced?

How can I find out more information?

If you would like to discuss any of the above or to find out more information, please contact us on 0800 614 722 to speak to one of our specialist legal professionals, or visit our local office.