Divorce Process
Sometimes relationships end and the only way couples can move on is through divorce. Once this happens, hiring an experienced divorce negotiator will help you immensely in transitioning to the next stages of your life.
The first steps of divorce
Firstly, we want to highlight the fact that ‘divorce’ refers to the legal ending of a marriage, it does not include all the steps you have to take beforehand. You and your (ex-)spouse must consider the division of financial, property assets, as well as agreements regarding children during the no-fault divorce process.
Steps you take before starting divorce proceedings
If you’re looking for a way to make the divorce process less stressful, there are certain steps you can take beforehand.
Firstly, you and your spouse can engage the services of a divorce negotiator. This is often a cheaper and faster way of settling divorce matters out of court.
Current grounds for divorce
From 6th April 2022, a new no-fault divorce legislation is coming into effect. You will no longer be required to provide a reason for divorce, nor put blame on anyone, making the divorce process more straight forward.
Previous grounds for divorce included:
- Adultery
- Unreasonable behaviour
- Desertion
- Separation of at least 2 years (with agreement)
- Separation of at least 5 years (without agreement)
Starting Divorce Proceedings
To begin the no-fault divorce process, you must file a Petition with the court. It involves listing information regarding your marriage and from this point onward you are considered as the ‘Petitioner’ (applicant), and the ex-partner as the ‘Respondent’.
For a more in-depth overview of divorce proceedings, click here.
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Frequently Asked Questions
How long does it take to get a divorce?
After filing the legal documents with court, if the divorce is uncontested, it will usually take around four to six months. Although, if the opposite party decides to contest the divorce, the proceedings can easily take over a year.
What is the final stage of divorce?
Filing for and being awarded a ‘Decree Absolute’. This document is the final stage of any divorce and proves that your marriage has legally ended.
Can you begin the divorce process before a financial settlement?
Technically – yes, but it is not recommended. Filing for a Decree Absolute without having a financial settlement will harm you in the future. There are very few occasions when you should apply for a decree absolute without a financial settlement, in the form of a consent order.