Divorce

You must have been married for more than one year before you can get divorced. To start the process you must complete a ‘Petition’ form, which allows you to give the reasons why you are applying for divorce and show that your marriage is over. If you have children you will also complete a form in which you tell the court what plans you have made for them once the divorce is final. This is called a 'Statement of Arrangements'.

The most contentious aspects of divorce include disputes over money and property. Surprisingly less contentious are disagreements over child contact and residency. Matters relating to financial settlements (known as Ancillary Relief) can often incur legal costs into thousands of pounds as they can take several years to resolve. It is normal for each party to instruct the services of a solicitor and in some cases a barrister may also be hired to represent them at family court hearings.

If possible you should try to put aside your differences with your spouse in an effort to reach a negotiated settlement. Sometimes remedies such as Alternative Dispute Resolution, which uses mediation, can help. If you are able to agree, then it is possible to get this drafted into a legally binding document called a Consent Order.

A solicitor can advise you on the three main elements of divorce.

1) Dissolving the Marriage – This is the formal legal process by which the marriage is ended and includes the completion and filing of the necessary divorce court forms, including the Petition.

2) Financial Arrangements – This is the process of dividing up the marital assets such as the matrimonial home, savings and pensions and agreeing on periodical payments from one spouse to the other, which include child support payments and spousal maintenance.

3) Childcare Arrangements – This is the process of deciding where the children of the marriage will live and with whom, known as residency, and how much contact the non-resident parent will have.