If you are going through a breakup or considering divorce, we understand it can be difficult to know what to do. Arguments and disputes can arise, and you may not be sure of your legal rights in a situation like this.
Relationship breakups can happen for couples who are married, in a civil partnership, or cohabiting. Whatever your situation, we’re here to help. The issues are usually similar, so we can help:
- Make sure the separation takes place amicably
- Make suitable arrangements for children
- Manage fair distribution of family property and finances
Below we explain what’s involved in the divorce process, and the process for breakups if you aren’t married. Or, to speak to a solicitor straight away, please call 01925 351 350.
What’s Involved in A Divorce?
To apply for a divorce, a couple must have been married for at least a year, and there must be evidence the marriage has broken down irretrievably. Break down of a marriage currently means you can establish one of these five facts:
- Unreasonable behaviour
- 2 years separation (consent needed)
- 5 years separation (no consent needed)
These are the grounds for divorce as the law currently stand. However, the Law Society has announced progress with planned reforms to divorce law.
Currently, divorcing couples must lay blame on each other for the breakdown of the marriage, which isn’t helpful to couples who mutually decide divorce is their best option. So, the reforms will remove the need for blame and create a no-fault divorce.
One person will issue a divorce petition at the court, based on one of the 5 facts above. The court will then decide whether you have sufficient grounds to allow you to dissolve your marriage.
If so, the court will pronounce the Decree Nisi, starting a six week and one day waiting period. After that, the court will make your divorce final, a process which takes about 6 months to complete.
For your financial matters to be resolved and recorded in an order to prevent further financial claims between each other, you must reach the stage of Decree Nisi. After that, it is not possible to have a financial court order made.
This is why it is important to have an expert on your side from the start, so you know your rights and have the support you need.
Relate, the relationship charity, have commented that “people reach a stage of life where they have more money, their children have left home and they are suddenly alone together with no other distractions leaving couples wondering whether they really do want to spend the rest of their lives together.
Breakups of Non-Married Couples
The financial rights that benefit married couples on divorce do not apply to non-married couples. So, if you jointly own property and you need advice on how to deal with that, we can help.
It’s incredibly important for you to have a friendly, expert solicitor on your side. We’re here to guide you through the process and help you take the right steps.
Get in Touch with Chris Rudd Solicitors
We can help guide you through your breakup and take the steps you need to take. Whatever your situation, our experts are on your side.
Please take a look at our pricing page to find out about when we can work on a fixed fee basis.
And, to learn more about how we can help you, please get in touch. Whatever your situation, we’re here to help you. Call us on 01925 351 350.