Divorce/dissolution of civil partnership

Anyone who has been through a divorce will testify that, it is one of life’s most emotional, stressful and challenging experiences. We understand that the divorce process can be complex, very costly and quite chaotic at times therefore using the services of a family law solicitor who specialises in matrimonial matters are highly recommended. We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs to mitigate both the stress and the cost for our clients.

Aaryan Solicitors has a strong & robust family department. We offer a comprehensive range of matrimonial services to cater for all clients including divorce, separation, financial disputes arising from divorce and separation, children matters arising from the breakdown of a relationship, including residence (custody issues), pre-nuptial and postnuptial agreements, cohabitation agreements and separation agreements, cohabiting couple disputes and associated property disputes. We can also advise on all aspects of civil partnerships.

Our approach is professional and compassionate. We aim to provide all our clients with a first-class service and to assist them through the legalities of the breakdown of relationships. We appreciate how difficult it can be to discuss sensitive family issues and your matter will be handled in the strictest confidence. If you want to divorce your husband or wife, you will need to apply to the court and explain why you want a divorce. This application is called a ‘divorce petition’. We can assist you with making such an application on a fixed fee basis. (Provided it is consented divorce)

If you are getting a divorce, there are a number of steps you will need to follow. The more you and your spouse agree, the quicker and cheaper the process will be. Divorce is a difficult and testing time for all parties involved, however in this process you need to ensure that you keep sight of the end goal and persevere all the way until the divorce is finalised. We will be with you at every step of the way.

How a divorce in the United Kingdom works?

If you and your spouse do not agree on these issues the divorce can take much longer. To get a divorce, you will need to go through a number of steps:

These stages can take about four months if you and your spouse agree on:

• The reasons you want to divorce
• How you will look after children
• How you will split up money, property and possessions
• If you and your spouse do not agree on the terms of your separation, the divorce can take much longer to resolve.

The stages of a divorce:

The formal divorce process has four steps.

1. Deciding the reasons for divorce

To divorce, you will need to prove to the court the reasons why you want your marriage to end. These are known as ‘facts’ and ‘grounds’ for divorce. It will speed things up if your spouse agrees with the reasons that you want to use. You must briefly set out evidence that your marriage has broken down by supplying certain details in one of the following five categories:

• that your spouse has committed adultery
• that your spouse has behaved in such a way that you cannot reasonably be expected to live with them—this is often referred to as unreasonable behaviour
• that your spouse has deserted you for two years
• that you have lived apart for two years and your spouse consents to the divorce, or that you have lived apart for five years

The person starting the divorce is called the petitioner and the other spouse is called the respondent.

2. Filing a divorce petition

One of you will need to apply to court for a divorce. You do this by filling in and sending a ‘divorce petition’ to a court. The ‘decree absolute’ is the document that legally ends your marriage.

If you started the divorce, you could apply for a ‘decree absolute’ six weeks after the court issues the decree nisi. If your spouse started the divorce you can apply for a ‘decree absolute’ after an additional three months. So, you would have to wait three months and six days after the decree nisi was issued before you could apply. Once you have the decree absolute, you are officially divorced.

3. Applying for a ‘decree nisi’

If you have sent your divorce petition to court and your spouse has told the court they agree, you can move to the next stage. This is applying for a ‘decree nisi’ – a document that says the court sees no reason why you cannot divorce.
Decree nisi is pronounced in open court. This means the judge reads out a list of names of people whose divorces have got to this stage, this week. At any time after decree nisi, the court is able to make a binding financial order setting out arrangements for finances and property on divorce, either by consent or as a result of separate court proceedings.

4. Getting a decree absolute

Six weeks and one day after the grant of decree nisi, the petitioner can apply for the decree absolute, which formally ends the marriage. Not everyone should apply for decree absolute as soon as it is available and should make sure you have discussed whether you should do so with your family lawyer. It may not be sensible to apply immediately if, for example, financial arrangements are not yet settled. You should discuss your specific circumstances with your family lawyer as in some cases the grant of decree absolute will prevent certain types of financial claims being made.

Things that may slow down your divorce

If the court thinks that your plans for looking after children are not satisfactory, it can refuse to grant a divorce. If this happens, you will need to work out new plans and start the process again. If you disagree over how you will split money, property and possessions, this will not necessarily stop the divorce.
If you cannot reach an agreement on money, property and possessions, you may have to get the court to decide. A ‘financial order’ (sometimes known as an ‘ancillary relief order’) is a formal arrangement made in court. It’s a separate process to the divorce and, in many cases, the formal divorce will be finalised before you complete the financial order process.

Getting a divorce in England and Wales if you were married abroad

You can usually get divorced in England and Wales if you got married in another country if:

• The marriage is legally recognised in England and Wales (usually if the marriage was legal in the country where you got married)
• You have a permanent home in England and Wales (even if you spend some time living or working abroad)

If you meet both these conditions, you can usually apply to courts in England and Wales for a divorce. We will assist you in establishing if you meet the above conditions.

How Can I Save Money on my Divorce?

You can keep the costs of divorce process low by filing the divorce or dissolution paperwork yourself by using the government website. Just because you are dealing with it yourself does not mean you have to be alone.

We at Aaryan Solicitors can provide you professional guidance and assistance with a limited retainer to offer services suiting your particular needs. It may be that you need us to check your divorce petition or need help with children matters or financial settlement or consent orders. Whatever you need we are here by your side.

Do I need a family lawyer to deal with divorce

Unlike other courts, the Family Courts are used to dealing with individuals representing themselves. If you are representing yourself, you are known as a litigant in person.

It should not be forgotten that litigation is not easy, nor should it be embarked upon lightly and you should only deal with it yourself if your situation is straightforward, and you are comfortable with managing the divorce process yourself.

Alternatively, we at Aaryan Solicitors can assist you with your paperwork and guide you through the process which will save you costs but you will have expert opinion and assistance throughout.

Why Choose Aaryan Solicitors?