What are the stages of a divorce?
It comes as a surprise to many people when the top London divorce solicitors tell them that there are a number of “stages” in divorce proceedings. Most people assume that you apply to court for a divorce, that your application is processed and you get your divorce. However, the best London divorce solicitors will tell you that divorce proceedings are a bit more complicated than that.
The stages of a divorce are:
- Preliminary steps including checking jurisdiction options;
- Starting the divorce proceedings;
- Serving the divorce proceedings and getting an acknowledgement;
- Getting a certificate to say you are entitled to a divorce;
- Obtaining your decree nisi of divorce;
- Finalising the divorce proceedings and getting your decree absolute.
The stages of divorce proceedings can seem a bit daunting when you are also trying to reach an agreement over the arrangements for your children or reach a financial settlement. The top London divorce solicitors say that the family court can:
- Make a child arrangements order setting out the custody and access arrangements for the children. This children court application can be made if you decide to separate but decide not to start divorce proceedings;
- Make a financial court order, either by agreement or after a financial court hearing. The family court has the power to make a financial court order after the decree nisi of divorce is pronounced. Either the person who started or the person who is responding to the divorce proceedings can start a financial application. The financial application can be made as soon as the divorce proceedings have been started.
How can OTS Solicitors help?
London based OTS Solicitors specialise in divorce and family law and provide pragmatic advice, support and guidance through the divorce legal process. If you need help with divorce proceedings or in reaching a financial settlement or in sorting out the parenting arrangements for your children after a separation or divorce then please call the divorce and family law team at OTS Solicitors on 0203 959 9123 for a confidential discussion about how the experienced family law solicitors can help you .
The preliminary stage
If you are contemplating starting divorce proceedings, the best London divorce solicitors say that it is important that you take expert legal advice from a specialist solicitor. They should not rush you into starting divorce proceedings, without first considering preliminary issues such as:
- Are you certain that you want to start divorce proceedings? That may sound like a stupid question but some people feel pushed into starting divorce proceedings and later decide to go to Relate or to reconcile;
- Are there any jurisdiction issues and do you have a choice of country in which the divorce proceedings could be started? If there is potentially more than one court jurisdiction it is important that you do not rush to start divorce proceedings but first check out which country would be best for you to start the divorce proceedings in. The choice could make a major difference to the size of the financial settlement;
- Are there any immigration or other issues that may impact on the timing of the divorce proceedings;
- Do you have your marriage certificate? If you do not then an official copy will need to be obtained. If you did not get married in the UK and your marriage certificate is not written in English, the document will need to be transcribed;
- Have discussions taken place with your spouse about starting divorce proceedings? Ideally, a draft of the divorce petition will be sent to your husband or wife before the divorce proceedings are started to reduce any animosity and to agree the wording of the divorce petition. If this step is carried out, the likelihood is that the divorce process will be quicker and less stressful. In some circumstances, a draft divorce petition cannot be sent, as the divorce is urgent, for example because of court jurisdiction issues or allegations of domestic violence.
Starting the divorce proceedings
The best London divorce solicitors can prepare a divorce petition on your behalf, and once you have checked the contents, the solicitor can sign the petition for you and submit it to the family court together with all the necessary supporting paperwork.
The top London divorce solicitors will advise you on the various ways in which you can apply for a divorce, for example you can currently petition for a divorce based on adultery, unreasonable behaviour or based on a period of separation of either two or five years. The top London divorce solicitors will not only advise you on the most appropriate basis for the divorce proceedings but they will also consider if you should:
- Include a claim in the divorce proceedings for the court to order that your spouse pays your costs in connection with the divorce proceedings ;
- Start a separate financial claim at the same time as starting the divorce proceedings.
The best London divorce solicitors advise that if you start the divorce proceedings you are referred to as the petitioner by the court in all the divorce paperwork. Your spouse will be referred to as the respondent.
Serving the divorce proceedings
Once the divorce proceedings have been sent to the family court, court officials will send the divorce petition to your husband or wife. Your spouse will then need to complete what is called an ‘’acknowledgement of service ‘’ form.
In the acknowledgement form, your husband or wife will need to say whether they object to a divorce. Even if they do not object to a divorce, they could object to any application that they pay your divorce costs.
If the respondent does not return the acknowledgement form to the divorce court then additional steps can be taken to progress the divorce petition, for example arranging for the divorce paperwork to be personally served on the respondent. There is then proof that he or she is aware of the divorce proceedings.
Certificate of Entitlement to a divorce
The best London divorce solicitors say that if a respondent does not object to a divorce, and the family judge is satisfied with the contents of the divorce paperwork, a certificate will be issued by the family court saying that you are entitled to a divorce. The certificate will give the date for the pronouncement of your decree nisi of divorce.
The decree nisi of divorce
The top London divorce solicitors say most people assume that when they get a date for their decree nisi court hearing that they will have to attend court. That is not the case. The pronouncement of the decree nisi is a formality. Solicitors and the petitioner and respondent do not normally need to attend the decree nisi hearing.
Once the decree nisi of divorce has been pronounced the family court has the power to make a financial court order, either by agreement or after a contested court hearing.
It is a common misconception that the decree nisi concludes the divorce proceedings. It does not. A petitioner has to wait six weeks and a day, from the date of the decree nisi, before they can apply to court to finalise the divorce proceedings. The best London divorce solicitors will sometimes recommend that the application for decree absolute is delayed, particularly if it is to your financial advantage to delay applying for the decree absolute until any financial proceedings have been concluded.
The decree absolute of divorce
The decree absolute is the final stage of the divorce. Once the decree absolute is pronounced, you are divorced and the divorce proceedings are at an end.
The best London divorce solicitors say that most people have questions about the divorce stages and how the divorce process fits in with any children or financial proceedings. An expert London divorce solicitor will be able to help you answer those questions and reassure you about the divorce court process.
How can OTS Solicitors help?
London based OTS Solicitors provide advice on all aspects of divorce and family law and have particular experience in international divorce, financial and children law cases because of their immigration law expertise and global client base.
The divorce and family law team at OTS Solicitors provide specialist divorce and family law advice tailored to individual personal and financial circumstances.