Divorce Solicitors – Divorce FAQ’s
Relationship breakdowns are often a difficult and emotional time for all involved. It is helpful to know the facts before you make any decisions. Whether you have decided that your marriage is over, or are unsure of your future, our Specialist Divorce Solicitor can guide and support you through the process. Here we answer some of the common questions about divorce.
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Who can start a divorce?
Either or both spouses, who have been married for over a year provided they can prove they have grounds for a divorce and they (and/or their spouse) have been domiciled or resident in England & Wales in the preceding year.
How do I start a divorce?
A divorce starts with a Court form, the divorce Application. This form contains basic details about the parties, their marriage and a statement confirming the marriage has broken down. Most divorces now use the Court’s online process. The divorce can be started by one or both spouses.
What are the grounds for divorce?
There is only one ground for divorce, the irretrievable breakdown of the marriage.
What is needed to prove the ground for divorce?
The Applicant (or Applicants on a joint application) must provide a statement confirming the marriage has broken down. The Court must then take this as conclusive evidence and must make a divorce Order. No further evidence is needed.
Have you received a Divorce Application and are unsure what happens next? Call our Specialist Divorce Solicitor to discuss your concerns.
What is a Conditional Order (the Decree Nisi)?
A Conditional Order (previously the Decree Nisi) is the legal document made by the Court. This document confirms you are entitled to a divorce. At this stage, you are not yet divorced.
When can I apply for the Conditional Order?
One, or both Applicants, can apply for the Conditional Order 20 weeks after the Court has issued the Divorce Application.
What is a Final Order (the Decree Absolute)?
A Final Order (previously the Decree Absolute) is the final legal document made by the Court. This document confirms your divorce. This document replaces your marriage certificate. Once received, you are free to remarry if you so wish.
When can I apply for the Final Order?
An Applicant can apply for the Final Order (the Decree Absolute), six weeks and one day after the pronouncement of their Decree Nisi.
Do I need to sort out my finances alongside my Divorce?
No. But we strongly recommend that you do whether you have substantial assets or not. Contrary to popular belief, a divorce does not end the financial relationship between a husband and wife. Find out more about your right to make financial claims here.
Are you looking to understand your financial rights on divorce?
How can our Specialist Family Law & Divorce Solicitor help you?
Keats Family Law specialise in all aspects of Divorce & Separation, and we are here to help.
There are several ways we can support you through your divorce. In the first instance, we recommend that you attend our initial Fixed Fee Appointment to discuss your options in full.
Thereafter, we may be able to offer a Fixed Fee. This will cover the drafting of the Divorce Application through to obtaining the Final Order (the Decree Absolute). Any additional work related to finances or child arrangements will then be charged separately.
Alternatively, if you would like to apply for the divorce yourself and seek assistance on an ad hoc basis only, or if your divorce is to be disputed, we will inform you of the likely fees at the outset.
Get in touch for advice and support on the divorce process.
In the meantime, have a look at some of our articles on divorce…
Other Resources you may wish to consider
If you feel you can conduct the divorce yourself, you may wish to make use of the Court’s online divorce portal.
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What our clients say about us...
Gemma acted for me for my divorce. Throughout she was supportive, considered and conscientious. Her insightful and thoughtful approach made a difficult process easier to work through.