Steps to Divorce

If you are involved in a relationship breakdown, whatever the circumstances, this is a time of great emotional upheaval and distress.  

 

The Berwins family team will support you through the process, be with you every step of the way giving you practical advice and finding the best possible solution for you.  

 

You can break down the work you can expect us to do for you into three principal  areas.

 

Divorce is how a marriage is brought to an end and dissolution is how a civil partnership is brought to an end. The process for both is virtually identical and is often the simplest element of the proceedings. The procedure is formal, conducted entirely on paper and almost always without the need for any court appearances.  

 

For a Judge to approve a divorce or dissolution the law requires that “the relationship has irretrievably broken down". This is done by proving one of five (four in the case of a dissolution) facts:

The person applying for the divorce or dissolution is called the Petitioner, and the other person is called the Respondent. If a third person is mentioned, as in an adultery case, that person is called the Co- respondent.  

 

The petitioner’s solicitors will prepare a divorce petition, which gives details of the marriage, and the set of facts on which the divorce is sought. A very similar document is required in the case of dissolution. At the same time, if there are children, a statement will be prepared setting out the present and proposed arrangements for the children. Both the petition, and the statement, are sent by post, usually through the court, to the respondent.  

 

The respondent will fill in a form acknowledging the petition or application, and will return it to the court office.  This form will then be sent to the Petitioner’s solicitors.  

 

The petitioner will then make a sworn statement – an affidavit – confirming that the documentation is true, and apply for a decree nisi. If the district judge is satisfied a date will be given for the decree nisi to be declared at the court. There is no need for anyone to be at court for this declaration. Six weeks after the decree nisi, the petitioner can apply for a decree absolute. This is the final divorce or dissolution order, and ends the marriage or civil partnership.  

 

The granting of a decree absolute automatically affects an existing Will. It is therefore important to consider making a new Will due to the change in your circumstances. 

 

As part of our service, a solicitor in our private client unit will contact you to check whether you require expert advice with regards to Wills. 

 

This is a free no-obligation service and if work is required we will of course provide a quotation for the work to be undertaken.  For more information on Wills and Estate Planning matters click here.

 

The financial aspects of divorce/dissolution are sometimes known as ancillary relief, and will often take considerably longer, and be more involved, than the divorce or dissolution itself. Every family is different, and therefore the course of reaching a financial settlement can be subject to infinite variations. The objective should be to reach a mutually acceptable agreement by negotiation, and then to set out that.  

 

An important element in reaching a settlement is called disclosure, where each side gives full details to the other of his/her financial circumstances. A just settlement should take account of the money and assets available, and the needs of both sides, striking a balance between those elements. Two households are more expensive to run than one, and it is likely that there will be less to go round than when the husband and wife were together.  

 

The rules relating to the costs of financial proceedings provide that generally each party will pay their own costs. The Court will not make an order requiring one party to pay the costs of another party unless it considers it appropriate to do so because of the conduct of a party in relation to the proceedings. For example the Court could consider making a costs order against a party who failed to comply with an order for financial disclosure.  

 

The final court order, whether made by agreement or not, will usually deal with capital , maintenance and pensions. An order about capital will generally be final, and unchangeable. An order about maintenance can sometimes be varied later if circumstances change.  As part of the final order there may be provision for a property to be sold or transferred. 

 

To obtain a fixed costs quotation and a guide to the conveyancing process involved please click here.  

 

Finally, one aspect of your financial affairs which is often overlooked upon separation is that of a Will.  It is very important that you consider making a new Will at the time of separation and certainly following the grant of the Decree Absolute.  You may wish to appoint guardians to look after your children and ensure that your estate is now dealt with to reflect your changed personal situation. 

 

You should also review any life insurance policies you have to see whether or not any nominations need to be amended or the potential beneficiaries changed. 

 

The same applies to any existing pension rights.  Berwins can assist you with all of these points. Click here to visit our Wills section.   

 

If the judge feels that the arrangements for children are reasonably satisfactory, no order will be made about where the children should live, or what level of contact there should be. Except in unusual circumstances, the law leaves it to the parents to sort those matters out in the best interests of the children, and will not interfere or impose an order in the nature of the old custody and access orders.

 

The court also now has limited powers to deal with maintenance for children, and although it is possible, and of course desirable, to agree a level of maintenance, this will not usually form part of a court order. This is because recourse in the case of disagreement is to the Child Support Agency, which calculates maintenance according to a rigid formula. Because of the rigidities of this formula, and the criticisms and delays to which the CSA has been subject, many people prefer to avoid the Agency’s intervention.  

 

Amongst all the anxieties on a relationship breakdown, financial worries are perhaps the most common theme.  

 

We will tell you at the outset of your case how our costs are calculated and give you our best estimate of the total likely cost of a divorce and other proceedings.  

 

These notes can only be an outline of the procedures involved, and are not a definitive statement of all aspects of the relevant law.