At D L C Solicitors we can: explain the divorce process to you; start the divorce action for you; and once it is under way, keep you informed of any developments.

 

You will only be granted a divorce if you can demonstrate that your marriage has suffered an ‘irretrievable breakdown’. To do this you must show that your marriage is beyond repair because: your husband or wife has committed adultery; your husband or wife's behaviour is such that you cannot reasonably be expected to live with them; your husband or wife left you at least two years ago and refuses to return; you have been separated from your husband or wife for two years and they agree to the divorce; or you have been separated from your husband or wife for five years or more.

 

The legal formality of getting a divorce is a relatively straightforward process. What is generally much less straightforward is sorting out the practical issues associated with a divorce, such as where each person will live, who gets what, and arrangements for any children. Before agreeing matters with your husband or wife, it is wise to take advice from a solicitor about your rights and the options available to you.

 

If you are applying for the divorce, we will usually start the process by writing a letter to your husband or wife to tell them that you are planning to start divorce action. This letter will also recommend that your husband or wife gets independent legal advice if they have not done so already.

 

We will then send the divorce petition to the court. The petition sets out whether you will be asking your husband or wife to pay for the costs of the divorce or to provide some other sort of financial support for you or your children. The court will send a copy of the petition to your husband or wife for their solicitor to reply to.

 

Once your husband or wife or their solicitor has replied to the petition, you will need to confirm your intention to go ahead with the divorce application by making a sworn statement or 'affidavit'.

 

If you have children under the age of 16 (or between 16 and 18 in full-time education), you will need to fill in a form called a 'statement of arrangements for children'. This asks for details about your children such as: who they will live with; where they are educated; and what your plans for them are, including any arrangements for visits by, or contact with, the other parent.

 

Once the court is satisfied that you should have a divorce, it sets a date and time for the judge to pronounce the 'decree nisi'. You do not need to go to court for this. It is simply a statement from the court that the divorce can go ahead and the divorce papers are approved. You are not actually divorced at this stage. If at this point you and your husband or wife have not agreed who should pay the legal costs of the divorce, the judge pronouncing the decree nisi will make the decision for you.

 

Six weeks after the decree nisi, the person applying for the divorce can have the divorce made 'absolute'. This legally dissolves the marriage. However, you are usually better to wait until financial matters ('ancillary relief') have been settled before finalising your divorce in this way.

 

Disagreements generally relate to: money; property; or contact with children.

It is our professional duty to settle these out of court if at all possible. It is usually in the interests of both you and your husband or wife to co-operate with this aim. We will explain to you the alternatives to court action, such as mediation.

 

If you and your husband or wife cannot solve a disagreement out of court, you can apply for the court to settle the matter. The court will do all it can to encourage you to negotiate an agreement between you, but failing this the judge will make a decision. Usually the judge will issue a 'court order' to make their decision official.

 

However you go about reaching an agreement with your husband or wife on the terms of a divorce, we can give you advice on the best way to record what you have agreed. If divorce action is already under way, we will usually advise you to opt for a court order which will set out the terms of the agreement clearly and in a way that is legally enforceable. Or, if you have not yet started action for divorce, you should consider making a 'separation agreement'.

 

In all matters relating to children, the children's welfare comes before anything else. Co-operating with your husband or wife will benefit your children; there are dangers in encouraging children to take sides; we will help you to consider what to tell your children about the separation; we discourage court action as a way of settling disagreements, except as a 'last resort'; and treat all matters relating to children as confidential.

 

DLC Solicitors Ltd, 38 Railway Road, Darwen, Lancashire, BB3 2RJ

Tel: 01254 761234     Fax: 01254 760929 Direct line: 0845 130 5428

 

Email: info@dlcsolicitors.co.uk  or  Contact Us Today