Divorce Lawyers

It does not have to be. You may have heard that unless you have been separated from your partner for 2 years and they consent to a divorce, or 5 years and they don’t consent, then the only way you can divorce is if you rely on their unreasonable behaviour or adultery. This is the law as it stands, however, this will also change when the Divorce, Dissolution and Separation Act 2020 comes into effect in April 2022. Under the new law there will be no need to ‘blame’ one spouse for the divorce. In the meantime, we are experienced in drafting divorce petitions in such a way that the ‘particulars of behaviour’ are reasonably mild and anodyne if this is your preference.

No, at this time it is not possible to petition for divorce jointly. This is set to change in April 2022, when the new Divorce, Dissolution and Separation Act 2020 is expected to come into force. After this, it will be possible to petition on a joint basis.

Whilst the actual process for obtaining a divorce can in theory conclude within 4-6 months, most people find that the process of resolving their finances can delay matters. In most circumstances, we advise that a party to divorce does not apply for Decree Absolute (to finalise their divorce) until the resolution of their finances. One key reason for this is that if parties divorce before their financial agreement is finalised and then one of them passes away, the other spouse may lose any spousal death-in-service pension benefits that they would have been entitled to had they remained married.