How Do I Get Divorced?

28 June 2022

If you are looking to apply for a divorce, there are a few steps and information you should consider.

Divorce can be a complicated and delicate moment, whether you and your spouse have kids and properties together or not. In order to help you, our attorneys have gathered some helpful information.

To begin, you can only apply for a divorce if you were married for at least 12 months, and we highly recommend you get guidance from a solicitor throughout the process. A proper divorce solicitor will make sure to follow all correct steps, preventing delays and misunderstandings that can upset even more both parts.To start the application, a petition must be filled in the court, containing some of the basic information such as the spouse’s full name, address, solicitor information (if possible), marriage certificate, and one of the 5 main reasons – or grounds – for the divorce. These are a demonstration of why the marriage has broken down. They are:

  • Unreasonable behaviour
  • Adultery
  • Desertion
  • Living apart for 5 years
  • Living apart for 2 years where both partners agree to the divorce

Please note that if you were married for less than two years, you can only apply for a divorce if at least one of the first three items applies.

After the application is done, the court will then send the petition to your spouse who must return within 14 days with a document of acknowledgement. Once this information is collected, the court will be able to set a date for the pronouncement of decree nisi – which is the order made by the court specifying the time the divorce must occur, and where the end of the marriage will formally end.

This process usually takes between four to six months, but each case is unique, and a delay can occur if any issues or disputes regarding children, property, or money, or if any of the parties refuse to accept the divorce – which may also lead to a defended divorce.

Family and Divorce Lawyers

EPO solicitors can help and guide you through all the stages of the divorce. Our divorce solicitors will explain and outline all your options, including living arrangements, debts, and child arrangements. We do our best to conclude all our cases with tranquillity but whether the court is necessary, EPO divorce solicitors can also defend you in court.

Don’t hesitate to contact us if you have any queries, please call our Family and divorce lawyer David Smith. David has a vast experience in the family law area, welcoming all clients regardless of their circumstances and taking care of all cases with high levels of professionalism.