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The Divorce Process

Tuesday April 14, 2020

What is the Divorce process?

Did you know that all divorce is based on the irretrievable breakdown of the marriage but that one of five facts is then relied upon in order to prove that breakdown? Those facts are:

1. Adultery
2. Unreasonable behaviour
3. Separation for a period that is in excess of 2 years and the Respondent consents to a decree being granted
4. Desertion
5. Separation for a period that is in excess of 5 years.

If you commence Divorce Proceedings against your partner then you are the Petitioner and they are the Respondent. It is up to you to then pick one of the five facts upon which you wish to base your divorce and then prepare your petition in accordance with that fact.

The majority of petitions currently before the court are based on the unreasonable behaviour fact. This is because you can commence divorce proceedings straight away without having to wait for a period of time to elapse, and the agreement to your particulars by the Respondent is not a prerequisite. For instance, did you know that if you base your divorce petition upon the fact of the other party’s adultery, the other party has to agree that they have been adulterous before the proceedings can progress. For this reason then, unreasonable behaviour is the most common cause when citing the reason for the breakdown of the marriage.

Divorce Proceedings generally take between four and six months to conclude, but proceedings can take longer if any difficulties arise. Difficulties commonly might be the failure of the Respondent to return their paperwork to court or disagreement between the two of you about how the marital assets should be divided.

It is important to remember that the divorce proceedings are simply a paper-based process with the sole function of bringing a marriage to an end. Very often, however, the end of marriage does not signal the end of the ties between the parties. It is actually the division of the marital assets that causes most of the confusion and stress for parties when considering how they are going to separate.

Our solicitors in the Family Department have a wealth of knowledge and experience in relation to dealing with both the divorce process and the more difficult issue of how to divide up the assets.

Our solicitors really do care about helping you to achieve an equitable settlement. It is not always straight forward and many factors are considered by the court when determining how the assets should be divided between spouses or civil partners.

There are a number of different outcomes that can arise in every case but we will always tell you the fairest outcome for you and we will always help you to achieve that outcome in the most cost effective way possible. Our solicitors are sensitive yet tenacious and they will always have your best interests both emotionally and financially at the forefront of their minds.

That is the ethos of this firm and the ethos of this department. We are a family and we can help your family. Don’t delay, call us now.     

Contact Jill Parratt on 01204 377600 or email familydepartment@afglaw.co.uk for more information or to discuss your own matter in more depth.