A divorce can only be applied for once you have been married for at least 1 year.
To obtain a divorce in England and Wales the marriage must be recognised as legally valid under English law. We see many situations where it is only at the time of separating our clients become aware that their marriage was never recognised in the eyes of English law.
Where one or both parties are living outside of England and Wales but want divorce proceedings issuing here in the UK, jurisdiction must be established and you may need specialist legal advice before knowing whether the English courts do have jurisdiction to handle your proceedings or not.
The marriage must have broken down irretrievably and must be supported by one of the following factors:
a) Your spouse has committed adultery and you find it intolerable to live together or;
b) Your spouse has behaved in such a way that you cannot reasonably be expected to live together or;
c) You have been separated for at least two years and your spouse agrees to the divorce or;
d) You have been separated for at least five years or;
e) Your spouse deserted you for more than two years.
If more than one of the above reasons applies, Bushra Ali Solicitors can advise you on which of the above grounds is most suitable to your circumstances and what information the Court will need.
Bushra Ali Solicitors will also advise you about whether you should be seeking an Order that your spouse pays the costs of your proceedings or whether the costs should be shared.
The Court Process
The Divorce is commenced by sending to the Court the Divorce Petition along with your Marriage Certificate. The court fee is currently £550.00. You are now able to do this online and this is much quicker.
Once the Divorce papers have been sealed and approved by the Court a copy of the Divorce Petition will be sent to your spouse who is then required to complete an Acknowledgment of Service form saying whether or not he/she agrees to the Divorce. Provided he/she does not contest it, you will then have to complete a Statement confirming the facts set out in your Divorce Petition and asking the Court to allow your proceedings to progress to Decree Nisi.
If the Court is satisfied that you should be entitled to the Decree sought based on the evidence, a date will be set for the pronouncement of the Decree Nisi (the first stage in the Divorce Proceedings).
Six weeks and one day after the pronouncement of the Decree Nisi you will be in a position to submit an application for the Decree Nisi to be made Absolute thus ending (dissolving) the marriage.
If the Divorce is defended, the position is much more complex and directions will be made for filing of evidence and the matter will then be set down for trial/final hearing.
You will also need to sort out financial matters relating to the family home, child or spousal maintenance, pensions and any savings and investments.
We do strongly advise to obtain legal advice to ensure you get things right.
We offer a range of packages to suit every budget and level of service required. We offer a consultation only package, an advice only package, a basic representation package and a premium representation package which offers a comprehensive end to end service, removing all the stress from the process for you, and minimising the risk of your application being refused.
To find out how we can help you, book a call now with a member of our team. The calendar shows a range of dates and times available you can book a call for free to discuss your matter and learn more about how we can help you.