Divorce and Separation
UK Divorce Solicitors
Separating or getting divorced can be a very traumatic time for everyone concerned. There are many sensitive issues, particularly when children are involved.
It’s important not only to know your rights and what to do, but also to understand the consequences of any decisions you may make.
If you are involved in, or contemplating a divorce or separation, but are unsure as to the legal costs involved, simply click on the “Get me a Quote” button below to find and compare the prices and services of a range of specialist family lawyers. wigster can also help you find Collaborative Family Law solicitors who help couples, although divorcing, to resolve their differences out of court.
If you’re getting a divorce, there are a number of steps you’ll need to follow. The more you and your husband or wife agree about, the quicker the process will be.
If you and your spouse don’t agree on these issues the divorce can take much longer
To get a divorce, you’ll need to go through a number of steps.
These stages can take about four months if you and your spouse agree on:
- the reasons you want to divorce
- how you’ll look after children
- how you’ll split up money, property and possessions
If you and your spouse don’t agree on these issues the divorce can take much longer. Because of the often sensitive and complex nature of relationships, particularly where children are involved, it is advisable to seek specialist help from a matrimonial/divorce lawyer.
The formal divorce process has four steps.
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Deciding the reasons for divorce
To divorce, you’ll need to prove to the court the reasons why you want your marriage to end. These are known as ‘facts’ and ‘grounds’ for divorce. It will speed things up if your spouse agrees with the reasons that want to use. See ‘Understand grounds for divorce’ for more information. -
File a divorce petition
One of you will need to apply to court for a divorce. You do this by filling in and sending a ‘divorce petition’ to a court. -
Applying for a ‘decree nisi’
If you’ve sent your divorce petition to court and your spouse has told the court they agree, you can move to the next stage. This is applying for a ‘decree nisi’ – a document that says the court sees no reason why you can’t divorce. The ‘decree absolute’ is the document that legally ends your marriage -
Getting a decree absolute
The ‘decree absolute’ is the document that legally ends your marriage. If you started the divorce, you can apply for a ‘decree absolute’ six weeks after the court issues the decree nisi.
If your spouse started the divorce you can apply for a ‘decree absolute’ after an additional three months. So you would have to wait three months and six days after the decree nisi was issued before you could apply.
Once you have the decree absolute, you are officially divorced.
Separation
Legal separation means you remain legally married or in a civil partnership but no longer have the same responsibilities to each other. It’s often called ‘judicial separation’ for marriages in England and Wales. You can ask for a legal separation for the same reasons that you could choose to file for divorce or dissolve a civil partnership.
Legal separation does not legally end a marriage or civil partnership. Instead, you get a decree or order from a court to show that you have legally separated.
While you are legally separated, you are not allowed to remarry or enter into a new civil partnership. This is because, in legal terms, you are still married or in a civil partnership.
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