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Divorce and Separation | Step by Step

Divorce and separation can be difficult and stressful, having the right divorce lawyer to support you through the process is crucial.

At Moore and Tibbits, our family law experts will work with you to fully understand your situation and guide you along the way to making the decisions that are right for you.  
No two divorces are alike, some divorces are quicker and simpler than others, but despite these differences, most divorces follow distinct steps.

Step 1 | 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 | 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 4 | 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.

If you need further advice or would like to speak to one of our team in complete confidence, just call 01926 354704 or email: CarlineG@moore-tibbits.co.uk for a Free Initial Assessment. 

 

Carline Gayle - Buckle | Solicitor                  

 

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