Divorce

If you are considering separation or divorce, you'll probably have lots of questions and won't know which way to turn. The earlier you contact us the better. In the first instance you can talk to us for free, we will give you general advice and outline the process should you wish to formally terminate your relationship, marriage or civil partnership. 

 

It may be that you some parts of the process you can even do yourself and we will always advise you of all the options. It may be that all you need is mediation, but the important thing is to discuss your situation with us as early as you can so that all options are still open to you.

 

To legally get a divorce you'll need to have been married for more than a year and you'll need to demonstrate that the marriage has broken down in one of the following ways

 

  • That your spouse has committed adultery and you find it intolerable to live together

  • Unreasonable behaviour (that your spouse has behaved in such a way that you can’t be expected to live together)

  • That your spouse has deserted you for at least two years

  • That you have been living apart for two years and your spouse also wants a divorce

  • That you have lived apart for five years or more.

 

We can help with all the forms to fill out and guide you through the legal process.

 

A very basic overview of the process is:

 

  • Send divorce petition to the court which outlines your reason for wanting a divorce

  • Copy is sent to your partner/husband/wife

  • Partner/husband/wife completes and acknowledgement

  • If undefended you complete a statement confirming details

  • Court decides if you are entitled to a divorce and sets a date for Decree Nisi (an initial court order)

  • You then wait six weeks and one day before you can apply for Decree Absolute (the order finalising the divorce)

If you would like to discuss your circumstances in confidence you can call Andrew Nelson on 01492 588200 or email  andrew@nelsonmyatt.com. Alternatively, you can us the contact form below to request further advice.

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