Leeds Day Online – Divorce pack
Please note that this service can only be used by people who wish to commence divorce (if you are married) or dissolution (if you are in a civil partnership) proceedings in England and Wales. There are different rules for divorce/dissolution in Scotland and other countries for which you will need to seek advice from a lawyer specialising in those jurisdictions. Our Divorce pack is not to be used for judicial separations or if you are relying on desertion as the reason for the marriage or civil partnership breaking down.
Before getting started you need to know whether you can begin Divorce/Dissolution proceedings.
There are two pre conditions:
1: You and your spouse/civil partner must have been married for more than one year.
2: One of you is either resident or domiciled in England or Wales.
The ground for divorce/dissolution
There is only one, the marriage/civil partnership has irretrievably broken down. To demonstrate this you need to show one of the following: -
- You and your spouse/civil partner have been separated for two years or more and both of you agree to a Divorce.
- Your spouse’s/civil partner’s behaviour is so unreasonable that you cannot be expected to live together.
- Your spouse has had sexual intercourse with someone else of the opposite sex during the marriage and you have not lived together for more than six months since you found out about it. You cannot rely on this fact if you are in a civil partnership.
- You and your spouse/civil partner have been separated for five years or more. You do not require your spouse’s consent.
- Your spouse/civil partner left you more than two years ago and there has been no reconciliation or contact from your spouse in that time. If you are relying on this reason then you will need to seek advice as this service is not to be used in such cases.
What happens next?
There are 3 steps to a divorce/dissolution:
Step 1 – Divorce Petition
To begin the divorce/dissolution you must complete a Petition that includes the circumstances and details of your marriage as well as the reasons for the divorce/dissolution. When completing this stage you become the Petitioner and your spouse/civil partner, the Respondent.
If there are children within the family under 18 years then you will need to complete a Statement of Arrangements to detail the proposed arrangements for them once the divorce/dissolution has been completed.
Step 2 – Decree Nisi
Decree Nisi is the first decree and is the process of the Judge reviewing the documents and checking they have been completed satisfactorily. Once this stage is successfully completed, certificates confirming the Decree Nisi are sent to both parties. It is at this stage the Court can also approve any agreement reached between separating couples about the finances.
Step 3 Decree Absolute
6 weeks and 1 day after the Decree Nisi is made you can apply for the Decree Absolute (or final Order if you are in a civil partnership). Once this application has been received by the Court, the divorce will be declared absolute and the process is complete. Please be aware ending your marriage/civil partnership does not end any financial claims you each may have against the other. These claims can be made at any time after the divorce/dissolution until you have reached an agreement which has been approved by the Court. You may lose the right to claim financial relief from your former spouse/civil partner if you re marry. If you wish to discuss financial matters please contact our family team on 01480 454301.
How can you help me?
Getting divorced is only part of the process.
You will need to consider what your financial arrangements will be after you are divorced and, if there are children, what the arrangements are going to be for where the children will live and with whom. We have a team of highly skilled lawyers who can offer advice and assistance on your circumstances and should you choose to use our online divorce service then your first meeting with your lawyer to discuss your case will be free.
To make an appointment to see one of our team email firstname.lastname@example.org or contact Simon Thomas or Abby Smith on 01480 454301.