I am thinking about getting a divorce – what do I do?

 

Getting a divorce can be a very stressful time in your life. That is why it is always best to get a solicitor to act on your behalf. Hopefully, this will ease some of the pressure off you.  Here at Nayyars, we can advise you on all aspects of getting divorced, helping you to separate from your former partner as quickly and cost-effectively as possible, while minimising the potential for conflict.

You may not want to get officially divorced. You can come to a financial agreement even if you do not divorce. Once you come to an agreement, you can consult a solicitor to make this legally binding so there is no confusion, for example a Clean Break Order. A ‘clean break’ in financial terms is about dividing your assets and once this is done there are no other ongoing financial ties between you (apart from childcare). Again, this is best done with a solicitor acting on behalf of you and it is always recommended parties take legal advice.

If your marriage has irretrievably broken down then you may be at the stage where a legal divorce is needed.

According to recent divorce statistics, 42% of marriages in England and Wales end in divorce and the most common reason when people petition for divorce is “unreasonable behaviour”. The first step in any divorce is knowing the reason for your divorce, this can be 1 of the 5 grounds for a divorce in the UK. Once this is decided, you can start the process and you will need your marriage certificate. There are various steps in a divorce:

Step 1 – applying for the divorce. You or your acting solicitor will need to fill in a D8, which is the divorce petition. This sets out the reasons for the divorce and if the reason is adultery, the third-party name will be stated on here. Once this is checked by the court you will be sent a notice that your application has been issued, and a case number. The court will then send your husband or wife the divorce application and an ‘acknowledgement of service’ form. Your partner will need to respond to this form.

Step 2 – applying for a decree nisi. A decree nisi is form D84 which says that the court does not see any reason why you cannot divorce, and you can apply for a decree nisi if your partner does not defend your divorce petition. Along with this, you must fill in a statement of truth which clarifies what you stated in your divorce petition was true. If the judge agrees, the court will send you and your husband/ wife a certificate. This will tell you the date you’ll be granted a decree nisi, which will be 6 weeks and 1 day before you can apply for a ‘decree absolute’ to end the marriage.

Step 3 – applying for a decree absolute, form D36. The court will finally check that time limits have been met and there are no other reasons not to grant the divorce. Once you are granted the decree absolute, you are divorced, no longer married and free to marry again if you wish!

If you are considering getting divorced, then you can contact our Family Law Team on 0161 225 1223 and we can guide you through it.

 

Amy Arden

Apprentice

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