About Divorce
If handled carefully, the divorce procedure can be the most straightforward aspect of a separation; resolving arrangements for children, or reaching a financial settlement, can sometimes be more difficult.
Because of this, we encourage and advise clients to deal with the divorce process in the fairest and most cost effective, stress free way possible.
Our role at bbl family law is to explain the procedure to you and to advise on the options available. As well as the traditional legal route, the options include mediation and collaborative law. We prepare the paperwork and deal with the court process. Usually, no one needs to attend court.
Whoever starts the divorce has to show the marriage has failed for one of the five following reasons:
a) the other persons adultery; or
b) the other persons unreasonable behaviour; or
c) their spouse has deserted them for at least 2 years; or
d) they have lived separately for at least two years and the other spouse consents to a divorce; or
e) they have lived apart for at least five years (and unlike (d) above, it is not necessary to have the consent of the other spouse).
As a general rule, if handled carefully, the question of who divorces who will not have any knock on effect on the financial settlement or arrangements for the children.
It is possible to defend divorce proceedings, either on the basis that the marriage can be saved, or that the stated grounds for divorce are wrong (and perhaps the other spouse is responsible for the breakdown of the marriage).
If children are involved the court will need to be satisfied that appropriate arrangements have been made for them. The spouse who started the divorce must provide information about how the children will be cared for in the future, in a document known as the “statement of arrangements”. It is good practice for both parents to agree the contents of this form beforehand, although this isn’t always possible. If the judge is unhappy with the information provided, or there is a significant dispute between the parents as to future arrangements, he or she may arrange a court hearing. The Judge will find out more about the family, and ensure appropriate arrangements are made.
Once the judge has certified the paperwork is in order, the court will fix a date for decree nisi, the first stage of the divorce. You remain married until the court pronounces decree absolute. From start to finish the divorce process can take between 4 to 6 months.
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