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How divorce works

  • Divorce & Family Law
May 21 , 2019

Home > Personal Clients Insights >

  • Divorce & Family Law
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  • How divorce works
May 21 , 2019

How divorce works

For divorcing couples without children, the 2 main questions they have are: how long will the process take and how do we arrange a financial settlement?

Our Saracens Solicitors divorce solicitor in London can be your guide through these questions and any others you may have. While it’s not legally necessary in the UK to have professional legal representation to get divorced, an experienced hand at such an emotional and challenging time is a great help.

How long does it take?

If you and your partner are in agreement about the divorce, it takes on average 4-6 months. There are 3 stages: the divorce petition, the Decree Nisi and the Decree Absolute. As your divorce solicitor in London, we will take care of these administrative aspects for you and petition the court on your behalf. We’ll keep you informed each step of the way, so you know exactly what’s happening.

In England and Wales, no-fault divorce existed. However, this is to change and no-fault divorce is to be implemented. At present, one party has to petition the other on the grounds of irreconcilable differences, giving one of the following reasons:

  • adultery
  • unreasonable behaviour
  • desertion
  • separation for at least 2 years
  • separation for more than 5 years.

Evidence needs to be provided to the court to back up this reason. If that is approved, the other party is served with divorce papers that they have to sign and send back to the court. A Decree Nisi is issued and 6 weeks and a day later, the Decree Absolute, dissolving the marriage contract.

Financial settlement

As your divorce solicitor in London, we can also arrange your financial settlement with your partner. Contrary to popular belief, this is separate to the divorce proceedings and doesn’t need to be discussed when the court is petitioned.

Financial settlements come in different forms, including regular maintenance payments, a one-off lump sum, transfer of property ownership and a pension order to share or transfer a pension.

Our divorce solicitor in London aims to keep this process out of the court, but if we do need to take that step, our expert divorce accountancy partners will help us to make your case and get you the financial settlement you need and deserve.

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