Divorce proceedings
John Boon

Divorce Proceedings

When a marriage comes to an end, or in the event that there are difficulties in your marriage, it is important that you take the right advice from the outset. Errors made at the start of the process can have impact on the final outcome.

Speaking to a professional will help to clarify key issues, take away some of the inevitable confusion and set right misconceptions. We are on your side and will do everything to help make the process as smooth and as trouble free as possible.

Grounds for divorce

It is possible to get divorced as long as you have been married for at least one year and you are able to demonstrate to the Courts that your marriage has broken down irretrievably. In order to demonstrate this to the Court, a Petitioner must rely on one of five facts.

These are:

  • adultery;
  • unreasonable behaviour;
  • desertion;
  • two years' separation with the consent of both parties;
  • five years' separation.

The divorce process

There are three main stages in a divorce:

  • filing the Petition for Divorce;
  • applying for a Decree Nisi – if the Judge is satisfied that the parties are entitled to a divorce, a Judge will set a date for the pronouncement of the Decree Nisi;
  • applying for the Decree Absolute – this finally terminates the marriage.​

How long does it take?

We are often asked how long a divorce takes, but there is no simple answer. Typically, an uncontested divorce suit will take around four to six months from start to finish. The precise length of the proceedings will depend on a number of factors, including the level of co-operation from the other party and whether formal attendances at Court are required.

Once we have managed to obtain a clear picture as to the circumstances of your case, we will provide you with an estimate of the likely timescale for concluding the proceedings, but please be aware this is only an estimate.

How can we help?

Going through a divorce can be an extremely stressful time and decisions made during the process will have a significant impact on your future.  Our team members are specialists and have the experience and ability to reduce the stress and hardship involved and can assist you with the various issues which arise.

We will:

  • make sure that you understand the process and explain the legal issues involved;
  • help you to think clearly about the consequences of decisions;
  • strive to ensure that the best possible outcome is achieved.

Next step

If you are currently experiencing difficulties in your marriage or are contemplating issuing divorce proceedings, or if your spouse has indicated an intention to you or has issued proceedings, it is very important you speak to someone as soon as possible.

Please contact a member of the Family team for an appointment. They will listen to your concerns, explain how they can help and the options available to you.

 

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