Do I meet the legal requirements?
First, you must ensure that your divorce meets the legal requirements of a divorce in the UK. This means that you must have been married for more than one year, there must be evidence of an irretrievable marriage breakdown and the marriage must be legally recognised in the UK.. Once those conditions are met, then you can begin the divorce process.
What are the first steps in the Divorce Process?
You will need to complete divorce papers – jointly with your spouse or on your own if they do not want to cooperate – and submit them to court. One of our team at Astraea Linskills can assist you with this. Once the divorce papers have been submitted, a court hearing will be held to determine whether or not the divorce is granted, which neither party will usually have to attend.
What happens next?
There is now a mandatory six month cooling off period before you can apply for the conditional order of divorce (this was previously known as the decree nisi), during which you can sort out any financial matters such as maintenance payments, division of assets and liabilities and pensions, etc. This step can be complex and should ideally be done with the help of legal advice. We have years of experience in this field at Astraea Linskills, so get in touch with one of our approachable members of staff who are always happy to help.
Securing your final order of divorce (previously the decree absolute)
Finally, once all financial matters are settled and you have made your application to finalise the divorce, the final order (or what was previously known as the decree absolute) will be issued, which legally ends your marriage. This document will not mention any other agreements that may have been reached during the divorce process, such as maintenance payments or child arrangements, so it is important to ensure that you take advice from a family lawyer in this respect
The divorce process in England and Wales will take over six months to complete, but by understanding each step involved, you can be better prepared for what lies ahead. If you need further advice or assistance at any stage of the divorce process, it is advisable to seek professional legal assistance. At Astraea Linskills, we are always willing to help.
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