How do I start Divorce Proceedings

January is well known in the law sector as one of the most popular months for divorce enquiries; the first Monday of the new year is often dubbed Divorce Day with couples getting through the festive period and various family events before committing to the idea of divorcing their partner. As a tough decision, and one that definitely should not be taken lightly, it’s important to understand the steps it takes to legally start divorce proceedings.

Research shows that men (27%) are more likely to hold off instigating proceedings until after a family occasion, women (20%), the best option is to get through any big events in your lives, and if you are still feeling the same way following it then a divorce may be the only option.

Almost half of all marriages end in divorce in the UK (42%), and to go through the procedure there must be reasonable grounds for divorce. The person who initiates the divorce proceedings through a court must cite the reason why the marriage has irretrievably fallen apart, which can include; Adultery, Unreasonable Behaviour, or living separated for two years or more.

The Process

To go through a divorce, you must have been married at least a year, and the relationship must have permanently broken down. The marriage must also be legally recognised in the UK.

1. File a divorce petition
The divorce will be finalised much quicker if the reasons for divorce are agreed upon from both parties and there are no complications that could affect the process.

2. Apply for a Decree Nisi
Once the divorce petition has been completed the nisi can be applied for.

3. Apply for Decree Absolute
You must wait six weeks from getting the Decree Nisi before applying for a Decree Asbolute, this is the legal document that ends your marriage. The delay is designed to allow you time to discuss finances and other issues between husband and wife before the marriage comes to an end.

Communication is key to any family law proceedings; however, in some cases the marriage has got to a point where it is very hard to discuss any issues with your partner. At Vincent’s Solicitors we have a team of accomplished family law solicitors experienced in handling divorce and other family disputes.