FAQs About Divorce – What do I have to do to get the divorce process started?

In this series of mini blogs the Family Team at Mogers Drewett address the most commonly asked questions around divorce and separation. In this week’s blog Elizabeth Dowler explains what is involved with starting the divorce process.

To start the process of getting divorced, an Application for a Divorce needs to be lodged with the Court with a fee of £550 and the original marriage certificate. The petitioner (who is the person who initiates the divorce) will need to satisfy the Court that the marriage has broken down irretrievably. This is evidenced by one of five factors:

  1. Adultery
  2. Unreasonable Behaviour
  3. Desertion
  4. Separation for two years (with the other parties’ consent)
  5. Separation for five years (the other parties’ consent is not required once the period of five years has elapsed)

Very often, the actual divorce process is straight-forward and largely procedural. It is best to agree the content of the divorce application with your spouse as this reduces the acrimony and allows the process to proceed smoothly.

It is important to remember that getting divorced is only one element that needs to be considered on the breakdown of a marriage. There will also need to be careful consideration as to how to deal with the financial matters to achieve a fair division of the assets. Even if you are able to reach an agreement directly, it is essential that this is drawn up into a Consent Order which records the agreement and is approved by the Court. In the absence of a clean-break being recorded in a Court Order, the financial claims that your spouse has against you can never be fully dismissed.

If you would like more information about how to get the divorce process started, please contact us on 01225 750000 to arrange a fixed-fee initial consultation.

Mogers Drewett

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