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Divorce and Separation

Sadly, every year around 150,000 marriages end in divorce. The legal process of ending a marriage can have a major impact on all family members - both emotional and financial. Recognising this, ‘Resolution’ solicitors like Jones Myers LLP aim to help separating couples achieve a constructive settlement of their differences in a way which avoids protracted arguments and promotes co-operation between parents in decisions concerning children.

If you are having problems in your marriage, you should first consider whether these difficulties could be resolved with the help of a trained relationship counsellor. Organisations such as Relate could help you (see our Helpful Links page).

If you decide to separate, we will be able to advise you and guide you through the process. We will outline your options at every stage and give you the information to make your own decisions.

The Petition

Factors leading to the breakdown of the marriage form the basis of the divorce application (known as the 'petition'). If more than one of these is applicable, we shall advise on which is most relevant and what additional information the court will need.

The Process

The divorce process is in two stages - a 'Decree Nisi' and a 'Decree Absolute'. A Decree Nisi is an interim stage, granted by the court when the ground for divorce is established. After a period of time, it can be converted into a Decree Absolute which marks the end of the marriage. This will not normally happen until arrangements for any children and financial matters are agreed. You can stop the process at any time before the Decree Absolute is issued.

If you have children, you will need to give details of their names and dates of birth, where they are living, which schools they attend and what arrangements have been made for their care.

You will also need to settle financial matters relating to the family home, maintenance, pensions, investments, savings and any business interests. The legal term for this is 'Ancillary Relief'.

The time it takes to get a divorce will vary according to the complexity of each case and the practice of the particular court. Even the most straightforward divorces will take between four and six months.
Marriage Breakdown

To get a divorce in England and Wales, you need to show that you have been married for more than a year and that the marriage has broken down. The marriage breakdown must be established by one of the factors below: