Step I: Starting the legal process
When you are sure you would like to begin the divorce process, the first step is to complete the divorce petition. This is a request to the court for permission to divorce and includes the reasons why you want the marriage to end.
Step 2: Dealing with the court
The court will send a copy of the divorce petition to the respondent. If you have named someone in the divorce petition that your partner has been unfaithful with, they will also receive copies of the paperwork.
Step 3: Mediation is designed to help
Mediation isn’t just another expense, but a cost-effective way for you and your partner to reach an agreement on the list of matters still in need of a resolution.
It does not aim to get you back together; rather it is about helping you to be apart. For mediation to work effectively, you will both need to accept your relationship is over and agreed to try this method.
Step 4: Financial arrangements
The final set of issues you will need to agree on with your former partner is how to distribute your home, money, possessions, savings and pension.
Can you reach an agreement on finances?
If you reach agreement with your partner on how your finances will be split, you can ask the court to make it legally binding by applying for a ‘consent order’ Whether you negotiate directly with each other, through lawyers, or with the help of mediation, make sure your agreement is recorded in the form of a consent order, before your divorce is finalised.
Step 5: Divorce finalised - Decree absolute
Once everything has been agreed, or an order made by the court, you may apply to the court for a “decree absolute” (or final order) but only after the cooling off period of at least six weeks. You should apply for a decree absolute within 12 months of getting a decree nisi or you will need to explain the delay to the court.
Call us on 02392 296 296 so you can speak to one of our solicitors today for confidential and friendly separation advice.