Wells Burcombe LLP

Criminal and Family Lawyers

Call Our West Drayton Office -
01895 449 288

Call Our St. Albans Office -
01727 840 900

Contact Us
  • Home
  • About Us
    • Our Team
    • Our Reputation
  • Family
    • Child Residence and Contact
      • Child Arrangement Orders
      • Grandparents Rights
      • Mediation
    • Divorce & Separation
      • Divorce and Finances
    • Domestic Violence
    • Prenuptial Agreements
    • Unmarried Couples
      • Alternatives to Court
      • Jointly Owned Property
  • Crime
    • Legal Aid
    • Appeals – Criminal Appeals & Miscarriages of Justice (CCRC)
    • Burglary, Theft & Criminal Damage
    • Domestic Violence, Assault, Manslaughter & Murder
    • Driving Offences
      • Drink Driving Solicitors
      • Drug Driving Solicitors
    • Drug Offences
    • Prison Law
    • Proceeds of Crime and Confiscation
    • White Collar Crime and Regulatory Crime
      • Tax Evasion Defence
      • Defence of Company Directors
      • Money Laundering Defence
    • Serious Fraud & Business Crime
    • Sexual Offences
  • Immigration
    • EEA Applications including Permanent Residence
    • Entrepreneur Visa
    • Family Visas
    • Illegal Entrants and Overstayer
    • Indefinite Leave to Remain
    • Investor Visa
    • Naturalisation / Registration
    • Student Visas
    • Visit Visas
    • Work Visas
  • Disputes
    • Contract Disputes
    • Debt Recovery
    • Defamation
    • Professional Negligence
    • Property Disputes
  • Wills, Probate and Estate Planning
    • Court of Protection
    • Inheritance Tax Planning
    • Lasting Powers of Attorney
    • Making A Will
    • Probate
  • Blog
  • Contact Us
    • St. Albans Office
    • West Drayton
You are here: Home / Family / What is the divorce process?
Life after divorce

What is the divorce process?

26 February 2018 by Tom Bancroft

Whether you are contemplating divorce or you have already made your mind up and there’s no going back, you will have many questions about what comes next. Here is an outline of the divorce process to give you more certainty in a difficult time.

Before, starting divorce proceedings it’s important to know that there are certain legal requirements for divorce.

Firstly, you must have been married for a year. Secondly, you must prove the relationship has irretrievably broken down. This can be demonstrated by one of the follow circumstances:

  • Your partner has committed adultery and you cannot continue to live with them
  • They have behaved in such a way that it would be unreasonable to expect you to continue living together i.e. they have been violent towards you
  • They have abandoned you for a continuous period of 2 years or more
  • You and your partner have been living separately for 2 years or more and you both agree to the divorce
  • You and your partner have been living separately for 5 years or more

All divorces in the UK must be started by issuing a divorce petition, Form D8, accompanied by your original marriage certificate. If you do not have your original marriage certificate, and you married in the UK, you can order a copy from the General Register Office. Your solicitor will issue the divorce petition for you but will need to know:

  • Your partner’s current address or last known address
  • Their date of birth
  • The date you separated
  • Their occupation
  • The full address of any properties in your name, their name or in joint names and the details of any mortgages on these properties

All divorce proceedings are now issued to a centralised divorce unit rather than your local court. The centralised unit for London and South East is Bury St. Edmunds.

When the unit receives your divorce petition, it will be logged on the court system and given a case number. The court will then serve the petition to your partner. They then have 14 days to return a completed ‘acknowledgement of service’ to the court.

If your partner does not complete the acknowledgement of service, the court can ‘deem service’ or ‘dispense service’ depending on your case. Your solicitor can advise you on which one to pursue but either way will allow you to continue.

Once this is completed you can apply for ‘Decree Nisi’. A Decree Nisi is a document that says the court doesn’t see any reason why you can’t divorce. When the Decree Nisi is granted you’ll have to wait 43 days before you can apply for a ‘Decree Absolute’ to end the marriage. During this time you can finalise the financial aspects of the marriage and child arrangements.

It is recommended you wait until finances and child arrangements are agreed before you apply for ‘Decree Absolute’. Once it is granted the marriage is dissolved as a matter of law and both parties are free to go their separate ways.

If both parties agree to the divorce it can be relatively straight forward. The difficulty tends to lie in the practical issues such as where to live or child custody. It’s really important that you get professional help. These aspects of the divorce can be life changing.

If you’re considering divorce or have any questions about the process please contact us in London (West Drayton) on 01895 449288 or in Hertfordshire (St Albans) on 01727 840900 or by email via our contact page.

Filed Under: Family Tagged With: advice, decree absolute, decree nisi, divorce, divorce process, family law, marriage, separation

criminal_appeals_lawyer_logolexel_logo_smcriminal-litigation-logo
   

Copyright © 2020 — Wells Burcombe LLP • All rights reserved.

Wells Burcombe LLP registered office: 5 Holywell Hill, St. Albans, Hertfordshire, AL1 1EU. Registered No. OC336186. Wells Burcombe LLP is authorised and regulated by the Solicitors Regulation Authority (SRA Number 488294). Wells Burcombe Solicitors and Wells Burcombe are trading names of Wells Burcombe LLP. Wells Burcombe LLP is registered in England & Wales. The term Partners refers to members of Wells Burcombe LLP.

Another PENNInk Production

Follow us

  • Facebook
  • LinkedIn
  • Twitter
  • Legal Disclaimer
  • Privacy Policy
  • Terms & Conditions
  • Pricing/Fees
  • Complaints Procedure
  • Copyright Policy
  • Accessibility Policy
  • Sitemap

Copyright © 2022 — Wells Burcombe LLP • All rights reserved.

Wells Burcombe LLP registered office: 5 Holywell Hill, St. Albans, Hertfordshire, AL1 1EU. Registered No. OC336186. Wells Burcombe Solicitors and Wells Burcombe are trading names of Wells Burcombe LLP. Wells Burcombe LLP is registered in England & Wales. The term Partners refers to members of Wells Burcombe LLP.

Another PENNInk Production