To begin with it should be stated that divorce is not easy and the decision to end a marriage should be taken very seriously. The experienced family team here at Henmans can help ease the difficulty by ensuring your matter is dealt with efficiently and with sensitivity.

If it is decided that divorce is the only option then a few initial points need to be taken into consideration. Firstly, you must have been married for more than one year. Secondly, the marriage must have irretrievably broken down with no prospect of reconciliation. If both points have been satisfied then you need to establish which fact can be relied on within the divorce application, known as the petition, namely:-

• Adultery; or
• Behaviour; or
• Separation for 2 years (with consent) or
• Desertion for 2 years; or
• Separation for 5 years (without consent)

One of our expert lawyers will be able to gather relevant information, prepare and issue the petition, and advise you on all the implications of your divorce. The court will also need to know about the arrangements for the children, if any, at this time.

The divorce procedure takes between 4 and 6 months but may take longer if issues with finances need to be resolved. Once the facts of the breakdown have been established, the Court will issue a Decree Nisi. Six weeks and one day later a Decree Absolute can be sought making the divorce final. However, financial issues are often resolved before the Decree Absolute is obtained.

It is normal for financial issues to be resolved at the same time as the divorce and sometimes this is the most important issue to clients as it will address decisions that need to be made about the marital home. Full disclosure will need to be given by both parties, this means informing the other person of all financial assets and liabilities. There are numerous ways to resolve financial issues, and there are different orders that the courts can make.

A quicker and smoother transaction is more likely if both parties are able to resolve issues amicably. If this is the case then it may be appropriate for you to consider either mediation or a new procedure called Collaborative Practice which avoids court involvement.

It is a fact though that sometimes it is not possible to resolve matters amicably and an application to the court may be necessary. A formal application would be lodged and the court would issue a timetable. Please refer to our guide on financial procedure for court cases for further information.

If you would like thelp with any of these issues please call to speak to Rachael Smethurst, the head of our family team on, 01865 781181 or email.