Although every divorce or civil partnership dissolution is different, in this insight we set out the typical steps that make up the process.
Divorce proceedings will take a minimum of 6 and a half months but may take longer depending on a variety of factors, such as to what extent you and your ex-partner are already in agreement regarding the division of finances, childcare, and so on. A divorce or dissolution can be broken down into various steps to help you to understand the structure of the process. You may be under the impression that a specific reason must be provided for the breakdown of the relationship and thus why the divorce has occurred. Following a change in the law in 2020, and the introduction of ‘no fault’ divorce, this is no longer the case. Instead, it must simply be confirmed that the marriage has irretrievably broken down. No additional evidence is required.
- Getting legal advice early is important in any situation involving a divorce or civil partnership dissolution. However, in particularly vulnerable situations such as where there is a high level of dispute regarding children or assets, e.g. property or investments, this is especially key. Although an individual can attempt to obtain a divorce or dissolution without legal advice.
- Care may need to be taken to ensure that you can legally get divorced in England and Wales. To start divorce proceedings, you must confirm that one or both parties either have habitual residence or domicile in England and Wales. If you are uncertain whether you and your ex-partner may meet one of these definitions, we will be able to advise you accordingly.
- Once engaged, a solicitor can then help to discuss your legal and mediation options to minimise both the length of time and potential stress in reaching an agreement with your ex-partner.