Same Sex Divorce Lawyers

At the meeting we will explain to you the divorce process in depth. As a snapshot, the party who wishes to petition for the divorce will need to lodge the petition at the court, and it will then be ‘issued’ by the court and a copy sent to the respondent. The respondent will need to file at the court an ‘acknowledgment of service’ to confirm they have received the petition. The next stage is an application for Decree Nisi (a ‘conditional’ order for divorce), and then Decree Absolute (an order that makes your divorce final).

The divorce process can take up to six months from first issuing the divorce petition to Decree Absolute. There is usually no need to attend court unless there is a disagreement about the reasons for the divorce or over the costs.

The divorce process can be prolonged if, for example, your spouse or civil partner delays acknowledging the divorce papers, or, as occurs more commonly, delays are caused by the parties trying to negotiate a financial settlement.

Below you will find some useful information on the divorce process, which includes a flowchart, on the process.

>> Undefended divorce process

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.

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 next year. 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 Autumn 2021, when the new Divorce, Dissolution and Separation Act 2020 comes into force. After this, it will be possible to petition on a joint basis.

Adultery is defined by law as “Voluntary sexual intercourse between a man and a woman who are not married to each other but one of whom is married to someone else.” This means that if your spouse has had relations with someone who is the same sex as them, then they cannot commit adultery under the legal definition.

However, that is not to say that you cannot rely on one of the other grounds for divorce, such as unreasonable behaviour, two years’ desertion, two years separation with the other party’s consent or 5 years’ separation.

In order to divorce in England and Wales, parties must have been married for at least one year. In the event that you wish to formally record your separation and any agreement you have reached in relation to your finance, one option is to enter into a Separation Agreement which can stay in place until such time as you can divorce. For more information about applying for a divorce, visit the Gov website page ‘Get a divorce‘.