The legal process of divorce is really straight forward. However I do need to point out that this is if both parties are amicable, which is often not the case.
It can be a simple staged process:
An application or petition is made to court by one party to the marriage.
A Notice of Proceedings is then sent to the respondent (the other party) with an Acknowledgement of Service by the court. That allows the respondent to say whether they agree to the divorce or not.
If the respondent agrees, they respond to the court in writing and
The court will issue a Decree Nisi which means that the court agrees that you can get divorced.
Six weeks and one day later, the petitioner can apply for the Decree Absolute.
Once this is pronounced in court, you are divorced.
You may be able to arrange your own divorce if you:
- Agree on the reasons for your divorce.
- Agree on child arrangements.
- Agree on how to deal with money, property and possessions.
You will need to make a decision about the style of divorce you want.
You can consider the traditional route. Instructing a solicitor who acts on your behalf, writing to ‘the other side’ and negotiating for you.
You might want to consider collaborative law. This is where you and your lawyer, and your husband and his lawyer sit together and negotiate the terms of your divorce. It is an open process.
You might use Family Mediation. Family mediation is championed by the courts and whichever type of divorce you choose, you’ll be advised to consider mediation.
However I see so many couples who come to see me often ladies who are really struggling to cope with this process as their emotions get in the way, or their husband “is not being reasonable”, or their worried about the children.
Emotions are powerful, and fear can be paralysing, never underestimate how they control our actions.
Aspire helps you become part of a community and helps you gain support and experience from other women in similar situations.