Guide to the Divorce Process
If you were married in the UK, or are a UK national who was married overseas, and have been living in England or Wales for the past 12 months then please read on. If you have not, please give us a call and ask to speak to one of our lawyers about your circumstances so that we can check whether the UK county court is able to hear your application for divorce.
If you are seeking a divorce, please read on. If you require a judicial separation or the dissolution of a civil partnership, please call us and speak to a lawyer who will be happy to help.
The Divorce Process and Documentation
Your divorce will follow a series of steps, each of which requires a separate document. We have pulled these together into a 'divorce package' to make life as easy as possible for you.
For a flowchart outlining the process step by step, click here.
The first document you will need from the pack is the Divorce Petition. If you or your spouse have children who are under 16, or under 18 and in any form of full-time education or vocational training, then you will also need the Statement of Arrangements for Children.
Once you have completed a Divorce Petition and this has been filed at court, the next stage is completing and filing your Affidavit for Divorce and your application for directions for trial. You will need to select which documents you require depending on whether you are divorcing on the basis of a 5 year separation, a 2 year separation, adultery, behaviour or desertion. More information about these and the process generally can be found by clicking here.
These documents will take you to the halfway stage known as 'Decree Nisi'. Once you have your Decree Nisi, you should then ideally make sure any financial arrangements have been agreed before going on to the 'Decree Nisi to Decree Absolute' documentation. We will be happy to help you with this important aspect of your divorce so please call and ask to speak to a member of our family law team for individual advice.
The majority of people who divorce also choose to make a new Will, usually cutting out their former spouse and nominating a new partner, their children or other family members as beneficiaries. You can do this Online with Ashton KCJ too. Remember, you can register with our Online service today and start your documents and then come back to them later. You don't have to complete everything when you first register.