How long does a divorce take?

No divorce proceedings can be commenced until the marriage has been in existence for one year. The Divorce, Separation and Dissolution Act 2020 which governs all divorces issued after 6th April 2022 specifies that no divorce shall be finalised until 6 months have passed since proceedings are issued. There is a statutory gap of 6 weeks between the conditional decree (decree nisi) and the Final Decree of divorce (the decree absolute). There may be reasons to delay the application for the decree absolute. This will be discussed with you as your case progresses.

Some people are now choosing “DIY” divorces online. The Court Service has been trying to simplify the process and online divorces have been available for a while now. Whilst it may be considered as a cost effective way of dealing with matters, it can cause problems if the parties do not understand the process and consequences there may be if the marriage is brought to an end without proper consideration being given to related matters, such as financial settlements. We recommend anyone considering divorce should get advice prior to starting the divorce process.

Is there a way of dealing with matters without going to court?

A resolution of your differences reached by agreement both in relation to children and to finances on divorce/separation usually reduces acrimony and saves on legal costs. Settlements imposed on the parties by a judge after a long drawn out and expensive legal process are often less acceptable to the parties than when they have been able to reach agreement without the intervention of the court. Agreement can be achieved by various ways. You can have direct discussions with your ex. If you cannot negotiate directly with your ex, your solicitor can enter into negotiations on your behalf usually with your ex's solicitor. The parties can also have assistance from a family mediator. If agreement is reached it should be recorded in a legally binding document, or court order if appropriate. This ensures that it is binding on both parties and that each understands their obligations to the other, and any relevant children, now and in the future.

What is mediation?

Mediation is means of resolving disputes outside the courtroom. Both parties will meet together with an independent trained mediator (either directly or via Zoom or Teams or similar). The mediator will assist both parties towards reaching an amicable agreement. Each party should seek advice and guidance on the proposals from their own solicitor before committing to any agreement. This process is suitable for dealing with both financial matters and future arrangements for children. It is a requirement for the parties to consider mediation as a means of resolving their dispute before court proceedings can be commenced. Information is provided at a Mediation Information and Assessment meeting initially and the mediator will decide whether the case is suitable for mediation. It is only possible to commence court proceedings if the mediator certifies that the case is not suitable for mediation, for example if the other party refuses to attend mediation or if agreement cannot be reached. There are limited exceptions to this rule which can be explored if appropriate. We are able to recommend a family mediator suitable for your case.

What are my rights regarding the children?

Whatever has happened between you both, the most important consideration is the welfare of any children involved. It is important to recognise that children should have an ongoing relationship with both parents other than in exceptional circumstances. Practical arrangements such as who the children should live with, and how much time they will spend with the other parent, should be resolved by agreement where possible.

However, if agreement cannot be reached or if one or other parent has child welfare concerns, your solicitor can advise you of your rights and will try to negotiate an agreement on your behalf with the other parent. Mediation may be a suitable means of trying to resolve any disagreements between you and an application to the court should be considered as an option of last resort if all attempts to reach agreement fail. It is important that both parents put aside their own personal feelings and concentrate on what is best for the children.

What about financial matters?

On divorce there are many factors that are considered when dealing with the division of the family's finances. These include the length of the marriage, the age of the parties, their needs and the needs of any dependent children, each party's earning capacity and the capital resources available now or in the future (eg pensions). The individual financial and other circumstances of the parties will be taken into account when deciding what financial settlement is best. If agreement cannot be reached either by negotiation between the parties and their solicitors, or by mediation, the court process can be engaged.

We are not married and my partner wants me out of his house - where will our children and I live?

Just because the house is owned in the sole name of your partner does not necessarily mean that you have no legal entitlement. For example, have you made any contribution financially, or have you given up your own home based on promises/assurances made by your partner about the home? Your partner will have a duty to ensure that your children are adequately housed.

We celebrated a civil partnership but we now want to go our separate ways - what do we need to do?

The parties need to bring the civil partnership to an end - following a formal procedure similar to divorce. As with divorce, no proceedings can be commenced within a year of the civil partnership ceremony. Financial matters and issues regarding any children living within the civil partnership family unit are also dealt with either by agreement or via the court process if agreement cannot be reached.