Divorce

Our Family Lawyers at Fosters can help you both understand and engage in the entire divorce procedure.

The length of time for a divorce will vary from one to another, although if matters run smoothly, it is not uncommon for an uncontested divorce to take between 4 and 6 months. It may take longer, if for example, there are finances to deal with, if the Respondent chooses not to engage, or if he or she cannot be found.

The application for divorce is contained in the divorce petition and is presented to the Court by the petitioning spouse, or the Petitioner. The other spouse is known as the Respondent.

Whether you wish to petition your husband or wife, or whether you are the Respondent to your spouse’s Petition, we aim to provide our clients with tailored, comprehensive advice about what can seem a complex process.

There is only one ground for divorce in this jurisdiction; that the marriage has broken down irretrievably. This can be established within the Petition in a number of ways known as facts:

  • Adultery committed by the Respondent and where the Petitioner finds it intolerable to live with the respondent;
  • behaviour by the Respondent which means that the Petitioner cannot reasonably be expected to live with the Respondent;
  • desertion of the Petitioner by the Respondent for a period of 2 years;
  • separation for 2 years where both parties consent to a divorce;
  • separation for 5 years.

We are able to advise you on the most suitable way forward, taking into account your particular circumstances.

The various stages of the divorce process are as follows:

  • Petition filed at Court;
  • Respondent is served with the divorce papers;
  • Respondent has the opportunity to acknowledge receiving the divorce papers (if the Respondent fails to acknowledge service of the papers, the Petitioner may take various steps to enable the divorce to proceed);
  • the Petitioner swears or affirms an affidavit (sworn statement) in support of his or her Petition and applies for directions for trial;
  • the Court pronounces Decree Nisi (at which point the Court is able to make orders in relation to the financial side);
  • at the expiry of 6 weeks, the Petitioner can apply for the Decree Nisi to be made absolute, at which point the marriage is dissolved and the parties can usually remarry.

If you require more advice about divorce, please contact us in complete confidence.

Contacting Us

Fosters Solicitors team of Family lawyers have a wealth of experience and knowledge to assist you in relation to any legal query or matter you may have. Call us on 01603 620508 or complete our and a member of the department will be in touch very soon.