Going through the divorce process is daunting and stressful. However, we are here to support you through it all from start to finish. From your initial appointment to your file being closed, your solicitor and our team are here to support you, answer any queries and guide you along the way.
What is the Divorce Process?
At present, there is only one ground for divorce in the United Kingdom, and that is the irretrievable breakdown of the marriage. This is however likely to change in future due to the introduction of no-fault divorce. At present, a divorce must be based on one of five facts and they are:
Adultery;
Desertion;
2 years’ separation with consent;
5 years’ separation without consent;
Unreasonable behaviour.
At your initial appointment, your solicitor will be able to advise you on which fact suits your situation best and how that impacts on the drafting of your Divorce Petition.
To commence divorce proceedings, a Divorce Petition has to be field at Court. It does not ultimately matter who files the Divorce Petition or which fact is relied upon, as the outcome is the same in terms of the divorce. The original Marriage Certificate will need to be filed at Court with the Divorce Petition at the same time so make sure that you have that with you when you meet your solicitor for the first time.
Once the Divorce Petition has been filed at Court, it is sent to the other party by the Court and a document called an Acknowledgement of Service will also be sent to the other party. The other party will then complete and return it to the Court within 7 days of receiving the Divorce Petition. This will confirm whether they are in agreement with the divorce.
Once the Acknowledgement has been returned to the Court, the Petitioner (the person who commenced the divorce proceedings) can apply for Decree Nisi to be pronounced. Decree Nisi is the halfway point in the divorce proceedings and will be the point at which any agreement in relation to your finances can be approved into an order by the Court. After Decree Nisi is pronounced, six weeks and one day later, the Petitioner can apply for Decree Absolute which is the legal dissolution of the marriage. This then replaces the Marriage Certificate and brings the marriage to an end.
Our team will be honest and clear with you throughout your divorce proceedings and will ensure that you are aware at every stage what is happening and what the next steps will be. If you have any questions at all at any point, we are here to answer them and are always at the other end of the phone, email or at present, Zoom.
T: 029 2034 2233
E: [email protected]
Author: Fay Jones
Published: 26/05/21