Realising and accepting you’re losing someone you thought you would be with forever, is one of the hardest journeys you can take.

When it comes to divorce, our team of accredited and highly trained family law solicitors strive to make both separation and divorce as straightforward and stress-free as possible for you. We will help you by:

  • Explaining the divorce process, discussing your options and assessing your legal standpoint
  • Preparing your divorce petition and dealing with the court process for you
  • Drafting your Deed of Separation
  • Advising on the costs and funding options specific to your case

Types of divorce and separation agreements

If you have decided that separation, divorce or dissolving a civil partnership is the best option for you and your partner, the following information on divorce and separation may be useful for you.

Or if you’d like more advice or to talk through your current family situation with a specialist family lawyer, call us on 01689 822554 or e-mail family@thomasdunton.co.uk. We offer an initial fixed fee interview, which can take place face to face, via email or video consultation.

Introducing ‘no-fault’ divorce

On 6 April 2022, the Divorce, Dissolution and Separation Act 2020, otherwise known as the “no fault divorce” was introduced to help reduce conflict between couples legally ending a marriage or civil partnership. Under the new legislation, couples are required to state the irretrievable break down of their marriage/partnership, but no longer have to cite the reasons why. By removing the element of blame and accusation from the divorce process, you can divorce/dissolve their relationship more amicably than ever before. Read more on no fault divorce and what it means for you.

What is a legal separation?

This follows the same general procedure as a divorce, but no final order (once known as decree absolute) is pronounced and the marriage is not dissolved.

What is a deed of separation?

A document that reflects the parties’ agreed intentions in relation to children, finances and potential divorce proceedings. This is commonly used where the parties intend a two year separation, followed by a divorce with each other’s consent.

What is a “quickie” divorce?

The term, often used in the media, describes the moment the court pronounces ‘Decree Nisi’ or, in simple terms, when the court gives formal approval of the divorce. The Decree Nisi will read out the names from a list of cases all being dealt with together; the couples themselves rarely, if ever, attend and will only do so if there is a dispute over the legal costs one is being asked to pay the other.

So, while the actual pronouncement of Decree Nisi may take a matter of seconds, it is by no means the full extent of the divorce procedure. Often there have been many months leading up to the date of pronouncement. It also doesn’t mean you are now divorced; it simply means the court has approved the divorce and the parties can apply to make it final and absolute in a minimum of 6 weeks and one day later. Quite often the Decree Absolute doesn’t get pronounced for many months – sometimes more than a year later if there are unresolved issues surrounding the couple’s finances. What’s more, this is only the case when the divorce is undefended, i.e. it is accepted to proceed by both parties. In the rare cases where the divorce is being defended by the other party, the process will take even longer.

The term “quickie divorce” is therefore a misnomer because, when it comes to divorce, there is a rigid procedure to follow with an enforced built-in waiting period of 6 weeks.

Please note: the above information on “quickie divorce” is only valid on divorces going through via the old law (pre 6 April 2022).

More guidance on divorce and separation

If you are contemplating separation and divorce, it’s not uncommon for you to be concerned about the potential financial impact it will have on you, how you will divide the assets you share, where you are going to live and/or making the necessary arrangements for your children. Click on the links below for more guidance on the common concerns surrounding separation and divorce:

And for more advice or to talk through your potential separation or divorce with a specialist and experienced family lawyer, call us on 01689 822554 or e-mail family@thomasdunton.co.uk. We offer an initial fixed fee interview, which can take place face to face, via email or video consultation.

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