Divorce and Separation

Divorce and Separation are messy and distressful proceedings. It is a life-changing event for both partners and children (if involved). Royce Legal has a sympathetic and patient team that takes your stress into stride when guiding you through this entire process.

Arranging a divorce is not a complex process especially if you have a mutual agreement with your partner to end the marriage. Difficulties typically arise when dealing with and resolving practical issues that come up during the divorce process, such as living arrangements for children, division of assets and finances and how to separate.

Royce Legal has seen many divorce cases, and our specialist divorce solicitors can help pack up your relationship and its issues with ease. Every case is unique, and our solicitors will cost-effectively advise you to deal with your divorce respectfully.

Filing for a Divorce

Filing for a divorce is a straightforward process as it mainly involves paperwork. Conditions such as being married for over a year and residing in the UK or, having a UK domicile (if you live abroad) are necessary before filing for a divorce.

Briefly, to file for a divorce, you will require:

• A divorce petition form (D8)
• Payment of court fees
• Decree Nisi (a decree to the court)
• Decree Absolute (application to end your marriage to the court)

FAQs on Divorce

How long does a divorce process last?

As mentioned above, if the divorce is being filed by mutual consent and is uncontested, it will be over quickly. A typical mutual and contested divorce last 4 to 6 months provided paperwork for both parties is in order.

If the divorce is not mutual and is contested, settlement of related matters can take 12 months or more. Nonetheless, divorce can be finalised before a financial agreement.

What is the divorce process?

• The divorce petition: the petitioner is the person that seeks divorce and files for it at the court.
• Notifying the Respondent: the court sends the petition to the respondent (other party).
• Acknowledgement of Service form: the respondent acknowledges receipt and the court sends confirmation to the petitioner.
• The respondents’ opportunity to contest: the respondent has 21 days to oppose with reasons. Failure to do so allows the process to proceed as normal.
• The petitioner applies for Decree Nisi: the application and supporting statements are sent to the court.
• Decree Nisi is approved and granted: if satisfied, the judge grants a certificate and a date. If contested, a hearing takes place.
• The Petitioner applies for Decree Absolute: six weeks after Decree Nisi, the petitioner can apply to end the marriage.
• Decree Absolute is granted: the marriage is legally and officially ended.

What is a decree nisi?

A Decree Nisi is a court order stating that the petitioner has provided an irreconcilable difference for the irretrievable breakdown of the marriage. In civil partnerships, this is called a “conditional order.”

What is a decree absolute?

It is the court order that legally ends the marriage, usually issued 6 weeks after the decree nisi. In civil partnerships, it is called the “final order.”

How to protect yourself from financial claims in the future?

To protect yourself from future financial claims, you need a court order with a “clean break” clause. This breaks all financial ties and dismisses future claims. This is typically handled during the Decree Nisi proceedings.

Is Annulment an Option?

Annulment is an option if you can prove the marriage was invalid (void) or defective (voidable). Reasons include:

• Void Marriages: Close relatives, under age 16, or bigamy.
• Voidable Marriages: Non-consummation (does not apply to same-sex), lack of consent/duress, or undisclosed STDs at the time of marriage.

What does “irretrievably broken” mean?

You must prove the marriage has broken down by stating one of five reasons:

• Adultery: Sexual act outside the marriage (opposite sex).
• Unreasonable behaviour: Verbal/physical abuse, substance abuse, or financial neglect.
• Desertion: Spouse leaving for a period of 2-3 years.
• 2 Year Separation: Living apart for two years with mutual consent.
• 5 Year Separation: Living apart for five years (no consent required).

What if you have children involved?

The law encourages parents to work as a team. If parents cannot agree, they must usually attend a Family Mediation Information and Assessment Meeting (MIAM) before applying for a court resolution, unless domestic violence is involved.

How to settle finances in the divorce?

Most agreements are resolved via negotiation or mediation. Key aspects considered include:

• Division of income, property, and assets.
• Financial responsibilities for children.
• Standard of living and the age/duration of the marriage.
• Physical or mental disabilities.

Can I separate from my spouse without getting a divorce?

Yes, through a Separation Agreement (not strictly legally binding but a strong contract) or a Judicial Separation (legal separation without ending the marriage), often used for religious reasons or when married less than a year.

Why Choose Royce Legal for Divorce?

Royce Legal’s Family Law team has the expertise to support couples through divorce, dissolution, or separation. Speak to our specialist solicitors at 01924 664177 for guidance tailored to your circumstances.