When you decide to get a divorce, you are taking the steps needed to enter a new chapter in your life. Divorce is a big decision affecting spouses and any children you may have together. Understanding what to expect from the divorce process can alleviate some of the worry you may be experiencing.
Initiating Divorce Proceedings
Every divorce will look a little different for each family, and your Skylark Hill solicitor can help talk you through what it will look like. Divorce proceedings begin when one (or both) spouses file an application. This can be done alone or in a joint application if the divorce is a mutual decision. If you have completed a sole application, your partner will be served papers and have 14 days to respond. You will then need to wait 20 weeks during a mandatory reflection period. After this, you can apply for a Conditional Order confirming your divorce eligibility.
Legal Requirements and Documentation
You must meet some specific legal requirements to apply for a divorce in England, and your Skylark Hill solicitor can help you understand what these are. To apply for a divorce, you must have been married to your partner for at least 1 year and be able to demonstrate that the relationship has broken down irretrievably. You will also need your marriage certificate and contact details for your partner, including an email address.
Court Procedures and Timelines
In order to get a divorce you first need to fill out either a sole or joint application and pay the court fee. If you have completed a sole application, your partner will be served divorce papers and have 14 days to respond. After a 20-week reflection period, you can apply for a Conditional Order that gives you a Certificate of Entitlement for divorce. 6 weeks after this, you can apply for a Final Order confirming your divorce.
Usually, a divorce in London takes 6 to 12 months to be finalised. This will vary based on individual circumstances, such as any financial settlement mediation needed, custody arrangements for the children and agreements, and whether or not your divorce needs to go to court to reach an agreement.