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.
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.
The only ground for a divorce in England and Wales is irretrievable breakdown of the marriage. This is evidenced by one of five facts:
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.
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.
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.
No, not always.
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.
Overall, I have nothing but praise for Sam and her team, they were professional, courteous and caring throughout and made a stressful event as easy as they possibly could. Thank you Sam.