Divorce - A Solicitor's Simple Guide - By: Tim Bishop

When a relationship breaks down, it is always a stressful and upsetting time. Some people decide that they don't want to add to the stress by getting divorced straight away. However, for those who do want a divorce, the process can be confusing. Here is a simple guide to a straightforward UK divorce.

In order to obtain a divorce, you need to prove that your marriage 'has broken down irretrievably' and that it has done so for one of five reasons:

- Adultery. You can get a divorce based on your partner's adultery - but not your own. You should also note that you will be unable to rely on this particular ground for your divorce if you and your spouse lived together for over six months after you found out about their most recent act of adultery. You should also know that this six month time-period can be made up of a series of shorter periods of cohabitation that add up to six months or more in total.

- Unreasonable behaviour on the part of your spouse

- You have not seen your spouse for a minimum period of two years

- You and your spouse have been separated for a minimum of two years and they consent to being divorced. Separation does not necessarily mean that husband and wife must live in separate houses. Whilst it does remain possible to continue living together in the same house whilst having completely separate lives, be aware that the Court will pay particularly close attention to such arrangements.

- Separation from your spouse for a minimum of 5 years

You must have been married for at least one year before either of you can apply for divorce. The person who initiates the divorce process is usually known as the 'petitioner', with their spouse referred to as the 'respondent'.

Experienced divorce solicitors will often suggest starting the divorce procedure by writing to your wife or husband, warning them that you are proposing divorce. This often helps by involving the solicitor at an early stage and can help to take the heat out of a highly difficult situation. Sensitive divorce solicitors will also often try to agree grounds for divorce at an early stage.

Application to court

The Divorce Petition is the first document prepared in the divorce process and contains basic information about your family, including the names of you and your spouse, details of when you were married, details of any children you may have and a description of the grounds on which you have decided to base the divorce. The petition, together with the original Marriage Certificate and a Court Fee are then sent to the Divorce County Court. In addition if you have any children under eighteen, you will need to complete a separate form telling the court your proposed arrangements for the children.

The Divorce County Court will then forward your Divorce Petition to your spouse. They should then complete and return a form sent to them by the Court that indicates if they intend to consent to the divorce or not. Thankfully, contested divorces are becoming much rarer nowadays.

Your divorce solicitor will then prepare a statement supporting your divorce for you to swear. At this stage they will also apply for a Decree Nisi, which is in effect a provisional divorce. In considering making a Decree Nisi the Divorce Court needs to be satisfied that there should indeed be a divorce. The Court will also at this stage look at the proposed arrangements for your children with the intention of satisfying itself that you have made proper plans for them - including who they will live with, how they will be educated and how you propose they have contact with the non resident spouse. At this point the Court will also decide who has to pay for the divorce if you and your spouse cannot agree this between yourselves.

Six weeks and one day after Decree Nisi was pronounced, you are able to apply for the Decree to be made Absolute - it is the Decree Absolute that legally terminates the marriage. It is however very common for experienced divorce solicitors to recommend at this stage that you wait until your financial circumstances have been settled before an application is made for Decree Absolute. The most common reason for this is to safeguard your rights, for example, to your spouse's pension should they die before any financial settlement is finalised.

It is rare these days (unless, for example, the divorce becomes contested) for you to need to attend Court in person with regard to the divorce. Please note that the position may be different with regards to financial issues - where it is relatively common, unless financial matters are agreed, for the parties to attend court.

No divorce case is identical. However, if a decision is made not to delay the Decree Absolute, an average and uncomplicated divorce may take between four and five months from issue to the grant of Decree Absolute.

Divorce can be exceptionally stressful. Making sure you appoint a specialist divorce solicitor is an important step. You should also make sure that you feel comfortable with your divorce solicitor and that they clearly understand your wishes and feelings.

About the Author

Bonallack & Bishop are a firm of Dorset and Wiltshire Solicitors with considerable experience in Divorce and Family Law. Tim Bishop is senior partner at the firm, which he has grown by 1000% in the last 12 years. He is responsible for all major and strategic decision and sees himself as a businessman who owns a law firm.

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