In England and Wales, approximately 42% of marriages end in divorce.
And while it is a relatively common process to go through, very few people who go into a divorce know what it entails and understands what is needed from them.
It is not recommended that you attempt to conduct a divorce on your own; there are many forms and legal documents that need to be completed to prevent setbacks in the legal separation. So, the best way to get a straightforward divorce in the UK is to hire a solicitor to assist you.
At Prentice Family Law, we have a few divorce solicitors in Weybridge on our team who can help you get through the process in a timely and stress-free manner. We pride ourselves on our knowledge of this process and can ensure that any setbacks are avoided and that the entire procedure is mitigated in order to avoid conflict between yourself and your former spouse.
But what are some of the most common questions that our divorce solicitors in Weybridge receive about the proceedings? Read on to find out!
How soon after getting married can you get divorced?
In the UK, you need to have been married for at least 12 months before you can apply for a divorce.
You can be legally living apart from your spouse before this and be ‘separated,’ but if you come to our divorce solicitors in Weybridge to begin proceedings before that first year has passed, we will have to turn you away.
Do I have to apply for a decree nisi?
Yes, you do.
In fact, you have to also apply for the decree absolute, which comes a few steps after the decree nisi, which legally dissolves your marriage in the eyes of the law.
Before you apply for a decree nisi, you have to file a petition and (should you be the person beginning the divorce), your former spouse has to not contest the petition for you to be able to apply for the decree nisi.
If you need any help with starting the process, contact our team.
What are grounds for divorce in the UK?
The most common grounds for divorce in the UK are adultery and unreasonable behaviour, such as verbal and domestic abuse.
However, this is no longer going to be the case; as of spring 2022, no-grounds divorces will become legal in the UK, so you can apply for divorce should you and your partner simply drift apart.
My former spouse doesn’t want to divorce; what can I do?
If your former spouse doesn’t want to divorce, our team will begin the mitigation process. This will involve resolving any underlying conflict outside of a courtroom that may be preventing them from agreeing to a divorce.
If this fails, then your case will have to go through a family court.
Is divorce carried out in a courtroom?
Only in rare circumstances.
In the UK, the majority of divorces take place through letters being signed and meetings between family solicitors.