Divorce Proceedings

Most of the time divorce proceedings are easily achievable, and reasonably straightforward if both parties agree upon it. Problems often arise when there are disagreements regarding issues, such as finances, business interests, children, and/or property.

Our team at Fair Result have first-hand experience with divorce. Not only will we support you throughout the whole process, but also help you understand the process itself and give you the best advice available.

Grounds for a divorce or legal separation

From 6th April 2022, No-fault divorce proceedings came into effect. You no longer need to prove grounds for the breakdown of your marriage beyond repair.

These were previously:

  • Adultery
  • Unreasonable behaviour
  • Desertion
  • Living separately for at least 2 years (with agreement)
  • Living separately for at least 5 years (without agreement)

The crucial difference between divorce and legal separation is that separation still leaves you legally married thus leaving you unable to remarry.

Divorce Proceedings

Stages of Divorce Proceedings:

  1. To start the proceeding, the couple must have been married for at least a year. Afterwards, the party that files for divorce (this can now be the individual petitioner or joint application under the no-fault divorce law) applies online (a fee is applicable).
  2. The law now requires couples to have a minimum 20-week cooling-off period between the initial application.
  3. A conditional order will then be granted following the 20 weeks.
  4. An additional 6 weeks is required between the conditional order and final order.
  5. The final order will then be granted.
  6. Divorce can then be granted without blame under the new law, all that is required is for at least one spouse to provide a legal statement to say the marriage has broken down.

Frequently Asked Questions

How to start divorce proceedings?

If the couple has been married for at least a year, then they can either apply individually or together under the new no-fault divorce law.

What happens during divorce proceedings?

Divorce proceedings is the process of ending a legal marriage. To start the proceedings, you must prove that your marriage is broken-down. Additionally, it involves engaging with court, agreeing on financial, property, and custodial arrangements.

Does it make a difference who files for divorce first?

No, one person can apply, or the couple can apply together, this won’t make any difference to the proceedings.

How long do divorce proceedings take?

Most of the time divorce proceedings take around 6-8 months to finalise. However, it might take longer if there are disagreements regarding finances, business, property, or children.