There are three elements to the divorce process:
1. Dissolution of the marriage
This is the legal process to formally end the marriage. It includes filing a divorce application, obtaining a Conditional Order and then a Final Order. (Formerly known as Decree Nisi and Decree Absolute).
2. Childcare arrangements
If you have children then you will need to make arrangements on how you will co-parent them. Ideally you will make these arrangements informally between yourselves without the involvement of solicitors. If you are finding it difficult to discuss the arrangements with your ex-partner the use of a professional mediator may assist you in moving things forward. If an agreement can be reached should record this in a parenting plan so it is clear what has been agreed. This should reduce the scope for disagreements later. If arrangements for your children cannot be agreed you should seek legal advice about applying to the court for a child arrangement order.
3. Financial arrangements
This tends to be the most difficult part of the divorce process and will require some input from a legal professional. If possible, you and your partner should try and reach an agreement as to how you will divide your assets, debts and pensions and where you will both live. If you can’t reach an agreement yourselves you should instruct an independent mediator to help you reach an agreement. In order to be legally binding this agreement needs to be formally recorded in a court order called a “Consent Order”, you will need a solicitor to prepare this document and you should both have independent legal advice about the order.
Choosing the right solicitor for your matter is crucial and we therefore offer a free initial consultation so that you can find out more about our services and decide whether we are the right fit for you.
