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Divorce Process FAQs

Divorce Process FAQs

Frequently Asked Questions About the Divorce Process

Ending a marriage is a big step for any couple, with implications for the whole family. The Divorce & Family Law team at VWV are here to help you through the process.



What is a divorce?

Divorce is the legal process that brings your marriage to an end. You are required to be married for at least a year before you can apply for a divorce and are free to remarry once the process is complete.

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What are the grounds for divorce?

The only ground for a divorce in England and Wales is irretrievable breakdown of the marriage. This is evidenced by one of five facts:

  • Adultery
  • Unreasonable behaviour
  • Two years separation with consent
  • Five years separation
  • Desertion

It is important that you obtain advice as early as possible to ensure that proceedings are issued on the most appropriate basis. Amending court documents at a later stage can lead to delay and unnecessary costs.

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What does the divorce process entail?

If you are the person starting the divorce process (the petitioner) your solicitor will prepare the petition for you. It will then be sent to the court who will send the documents to the other party (the respondent). They will need to complete a form (called an Acknowledgement of Service form). Once the court send a copy of this to your divorce solicitor you can then complete the statement in support of the petition. Once the court have processed this form you will receive confirmation from the court of the date your Decree Nisi will be pronounced. Applying for the Decree Absolute is the last stage and is usually done once outstanding financial matters have been resolved.

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How long does the divorce process take?

If there are no complications, the process generally takes four to six months to complete. We recommend however that you resolve your money matters alongside the divorce and, depending upon the particular facts of your case, may recommend delaying the application to finalise the divorce until these have been resolved.

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Do I have to go to court to get a divorce?

No, not always.

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Are there alternatives to divorce?

Yes, this is known as Judicial Separation and is not so common. It is generally used by people who have a religious objection to divorce. The court retains the power to resolve money matters on Judicial Separation with the exception of pension sharing. The most significant difference between divorce and Judicial Separation is that you cannot remarry. 

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For more information about divorce please contact Samantha Hickman in our Divorce & Family Law team on 0117 314 5435. 

Samantha and her team provided exceptional service in my matrimonial matter to make the process seamless and straightforward for all parties involved. I was constantly updated on the progress along each step of the way and communication with Samantha and her team was extremely professional and speedy. I would highly recommend their services as they have been some of the most knowledgeable solicitors I have worked with.

  • Family Law & Divorce Client

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Meet the Team

Our experienced family law and divorce solicitors can advise you on all aspects of your relationship, a relationship breakdown or even a new relationship.

View All
Samantha Hickman - Partner at VWV
Partner

Divorce & Family Law
Financial Law & Asset Protection

Lucy Barr - Family Law & Divorce Solicitor in Birmingham
Partner
Hannah Petherick
Senior Associate

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