Guide

How to get a divorce | a step by step guide

How to get a divorce | a step by step guide

Going through a divorce or separation can be one of the most stressful periods in your life and if you're unsure of the what the divorce process is, or how it works in practice, then the whole thing can feel a little bit overwhelming.

Currently, divorce law is still governed by legalisation from 1973. This is now being revised by parliament and no-fault divorce will become law – although we don’t quite know when that will happen just yet.

Here we break down the process of getting a divorce into seven easy steps, under the existing law.

To file for divorce you will need to explain to a court the reasons for wanting to end the marriage.

The only ground for divorce is that your marriage has irretrievably broken down, but this must be proven with one of the following four reasons (known as divorce ‘facts’). Each reason has a different process to follow, so it’s important to choose the most suitable ground for your situation before you begin.

Once you’ve established your basis for divorce, you will need to complete a ‘divorce petition’, where details of your marriage are disclosed, along with the reasons for wanting to end the marriage.

If you’re the one filling out the divorce petition then you will be the ‘petitioner’. There is no obligation to notify your ex-partner that you have completed the divorce petition, however, if you’ve chosen a basis for divorce that requires consent from your ex-partner then it may make things less tricky if they are informed beforehand – especially if you think there’s a chance they may not consent.

Guiding you through the divorce process

The complicated part of the divorce process is not the dissolving of the marriage, but dealing with issues surrounding it such as those involving children or finances.

Our team of family lawyers can help support you and advise on the options available to complete your divorce process, whether this is making child arrangements and ensuring that the disruption and emotional stress is kept to a minimum, or securing the best financial settlement for you to secure your future.

The process of divorce is can be emotional and the actions you take in the early stages can set the tone for everything that follows. If you’re about to start divorce proceedings, or currently going through the separation process, then speak to one of our divorce lawyers. We’re here to guide you through the maze of emotions and legal responsibilities, every step of the way.

If you think you are ready to see how this process could work for you, you can make a first confidential enquiry by clicking on the button below.

More information

Find out more about our divorce services

Our expert lawyers are here to help support and advise you through the divorce process.

Child arrangement orders when divorcing or separating

In this guide we take a look at what approaches you can take when making child arrangements through divorce.

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How we can help

Children - Parenting through a separation is never easy. Our team of experts are on hand to guide you through the process of making child arrangement orders, always ensuring the long-term interests of your children remain at the heart of every child custody decision.

Divorce - Getting a divorce or separating from your partner can be one of the most stressful and emotional periods of your life. Our divorce solicitors will support you throughout your journey so you can focus on the wellbeing of yourself and your family.

Jurisdiction - Our international family law solicitors are experienced in dealing with cross-border relationships. We will work alongside lawyers in other countries to secure the best outcome for you and your family if a relationship breaks down.

Mediation, Arbitration & Collaborative Law - When a relationship ends, it doesn’t mean financial issues or child arrangements have to be settled in court. Our mediation lawyers can help you reach a solution that works for you and your ex-partner, offering you more control and flexibility over the decisions being made

Cohabitees Agreements - Contrary to popular belief, there is no such thing as ‘common law’, meaning many unmarried couples fail to recognise their lack of legal protection if they separate. Our cohabitation law specialists can help you prepare a legally-binding agreement to protect your financial interests.

Personal Tax Planning - From drafting your will to advising you how to structure your finances in the most tax efficient way, we aim to be your personal tax partner for life, ensuring we can design a plan that is exactly right for you and your family to protect your personal wealth.

Wills & Succession - It can be difficult to envisage a time when you’re not there to provide for your family. However, we are here to guide and support you with preparing a will so your wealth is protected for your loved ones into the future.

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