Divorce can be highly stressful for both parties, including children, grandparents and close family members.
Here at VM Family Law, we are here through every step of that process, closely working with you throughout to advise you, showing empathy and understanding whilst guiding you to help ease the burden of divorce.
Speak to a team member and book a free consultation of up to one hour if you need help in your divorce process.
What is the divorce process?
The divorce process is stages included in the divorce, starting from the application to the final order.
The four stages of a divorce process are:
- The Application (a formal request for divorce, previously called the divorce petition)
- The Response (the reaction to the situation)
- Submitting the application for the Conditional Order (previously called the Decree Nisi)
- The application for the Final Order (previously called the Decree Absolute)
Speaking to a family law expert can help you to understand this process and guide you through a divorce, whilst assisting you with other issues such as the arrangements for children and resolution of financial matters.
How long does the divorce process take?
A divorce should take 6 months from the date of issue providing both parties cooperate with the process.
There are two key periods of divorce:
First is the 20-week cooling-off period after the submission of the divorce application before the conditional order can be granted. This cooling-off period can be utilised to work out a financial settlement.
Secondly, after the conditional order has been granted, there is a six-week waiting period before you can apply to the court for a final order. The final order is the legal ending of your marriage.
Is it best to get a solicitor for a divorce?
It is advisable to get legal advice before starting a divorce or as soon as possible after a divorce has been issued.
It is possible to go through the divorce without a solicitor, if you are confident with the process and have an amicable relationship with your ex-partner.
However, it is important to consider not just the divorce, but the arrangements for the children and the financial matters – this is why it is always advisable to seek expert legal advice.
Speaking to a family law professional to clarify your divorce process is a valuable precaution. There may be particular advice that family law experts can assist with, which may help you with potential future problems that you may not have considered.
Contact a team member to book a free consultation, where we will be happy to discuss any of your concerns.
Grounds for divorce
When you file for a divorce, you need to confirm that your marriage has irretrievably broken down, and there can be no reconciliation.
You can apply to get divorced in England and Wales if the below criteria are met:
- You have been married for over one year
- Your marriage is legally recognised in the UK
- Your relationship has broken down irretrievably
Divorce representation in Court
Our family law experts have years of experience helping families with divorce. We understand that every divorce case differs and we tailor our services to meet your needs.
Divorce proceedings do not usually require you to appear in court. However, we can represent you in court and speak on your behalf if this is necessary in relation to other issues, such as the arrangements for the children or a financial settlement, which is beneficial if your relationship hasn’t ended amicably.
You can also represent yourself in court. In some cases, it is possible to have a friend with you in court. This is known as a “McKenzie friend”. They can take notes and support you, but they cannot speak on your behalf, sign documents or interfere with proceedings.
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Different ways to resolve your divorce
Not every divorce needs to end up in front of a judge. Depending on your circumstances and how amicable things are with your ex-partner, there are several routes to reaching an agreement:
Mediation – A neutral mediator helps you and your ex-partner agree on finances, property and arrangements for children, with your solicitor supporting you throughout. Find out more about our mediation services.
Arbitration – If you’d prefer a faster, more private alternative to court, arbitration allows an independent arbitrator to make a legally binding decision on your behalf.
Collaborative law – Working together with solicitors under a collaborative law agreement lets you and your ex-partner reach a resolution without going to court, while still having full legal support at every step.
Out-of-court settlement – Many divorces can be resolved entirely out of court through negotiation between solicitors, though the Family Court will still need to process the paperwork to make everything legally binding.
If your situation is more complex, for example: you own a business or have significant assets to protect, we also offer specialist support for business owners and high-net-worth divorces.
How Family Law Solicitors help with Divorce
A family law solicitor supports you through every step of the divorce process. They are helping to make the process as stress-free as possible.
Here at VM Family Law we can help with all aspects of your case including…
- Discuss all options available to you.
- Implement resolutions, such as mediation.
- Start the divorce process for you by filing the necessary application.
- Negotiate with your ex-partner on your behalf in relation to a financial settlement.
- Negotiate and prepare a Parenting Agreement detailing the arrangements for your children.
- Explain the divorce process and guide you through each stage.