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The Divorce Process

We know that you will have lots of questions about your specific circumstances but here is our basic guide to the divorce process so that you know roughly what to expect.

Remember, to start divorce proceedings you need to establish:

  • You have been married for more than a year
  • The English Court has the jurisdiction to divorce you
  • Your marriage has "irretrievably broken down" supported by one of the five grounds for divorce

Stage One

It may surprise you to learn that the legal process of “divorce” is more often than not, a paper exercise and no-one usually attends Court.

We will prepare a form called a "divorce petition" to start proceedings. It confirms to the Court that your marriage has irretrievably broken down by reason of one of five grounds for divorce.

 You will need to provide:

  • A marriage certificate (we can help you get a copy if you don’t have one)
  • Court fee

We will then send the petition to the Court to start your divorce. Your spouse receives a copy of the petition and a form which he/she has to complete and return to the court.

Stage Two

We prepare a form to confirm to the Court what, if anything has changed, since the divorce proceedings were started.   We send this form to the Court and the District Judge decides if you have sufficient grounds to divorce your husband / wife. If so, the Court send us a certificate called a Decree Nisi. The Decree Nisi is the half way stage in the divorce process.  

 You will need to provide: 

  • Court fee

Stage Three

6 weeks and a day after Decree Nisi, we will prepare your application for Decree Absolute. This is the final decree in the divorce process.  We will send this to the Court.

The Decree Absolute brings your marriage to an end and leaves you free to re-marry.

In terms of timings the average length of an uncontested divorce is usually around 6 months but this depends on the complexity of your circumstances and how amicable both parties are in agreeing the solution.

Contact Our Expert Divorce Solicitors

Our family law specialists achieve solutions through confidential settlements and are always on hand to provide support and guide you through the divorce process as we know this can be an extremely stressful time.  Our expert solicitors are highly experienced and will treat each case uniquely depending on your circumstances.

We have offices in Chesterfield, Sheffield, Dronfield, Mansfield, Nottingham and London.

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Our Helpful Guides

Frequently Asked Questions

He's got to keep a roof over our heads hasn't he?

Non-residential parents have to pay maintenance for their children; hopefully the amount can be agreed though negotiation and if not then the CSA will decide. Each case is different.   If for example the Mum and the children stay in the family home then she may relinquish her claims over any other assets such as pension and savings in return.

How soon can I file for Divorce?

There is a 12 month barring rule which means you can start the divorce process after being married for 1 year. In England you can get divorced if your marriage has broken down irretrivably, usually proved by allegations of adultery or unreasonable behaviour, or if there has been 2 years' of continously living apart.

My aunt only has one bank account. Can I deal with this on her behalf?

If the bank allows, it is possible for your aunt to name you as a third party on her bank account. This will allow you to withdraw funds and sign cheques on her behalf. We can help your aunt complete the mandate form required to put this in place.

What am I entitled to in a divorce? Can she take me for every penny?

No.  Sometimes it may feel as though this has happened. The aim when sharing out matrimonial assets is to be fair.  Both spouses have to make full disclosure about their assets and debts before any decisions can be made about distribution, trying to hide anything won't work.  Factors which are important when sharing out the assets include the current and future needs of each spouse and any dependent children; the length of marriage and the age, earning capacity and contributions of each party.

Will I lose touch with my children?

Your aim should be that both parents still play an active part in the raising of the child/children.  Usually parents sort this out amongst themselves, although if there are problems mediation can be a good way to resolve this.  Going to Court should always be the last resort where children are involved.

Will we have to go to Court during our divorce?

No, getting a divorce should be an administrative excersise only and there are many options open to you that avoid going to Court.

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97% of our clients would recommend us to a friend
(Ongoing Client Survey)

Thankyou Helena Downing for all your excellent service.

Mr & Mrs W, Alfreton

The family department at Banner Jones have just completed the legal arrangements in respect of my divorce. The service I received was exemplary and I wanted to write to you to let you know this. I have been pretty constrained in relation to availability to meet and most of our business has been done over email which I appreciated. Responses have been very timely, updates provided regularly, deadlines hit and fees reasonable. I contrast this with the service provided by a large law firm in Sheffield in the early part of the year and your approach and that of your staff to customer services, in my view, sets your firm apart. Your firm came to me through personal recommendation by a friend and I shall be happy to do the same. Thank you again.

Mr C, Sheffield

Thanks for your assistance with my case, your advice has been invaluable, and I would certainly recommend Banner Jones to my family and friends.

Mr P Sheffield

We would like to thank our solicitor acting for us Richard, he did a great job and was very easy to speak to and very friendly. Extremely professional and we would use him again in the future.

Mr & Mrs S, Sheffield

Exceptional service at a very reasonable cost.

Mr G, Forest Town

Banner Jones are excellent, the Family team had some strategy to their advice rather than just giving bog standard legal advice.

Mr T, Whittington Moor

I used Kelly Walters for my divorce, and both her and her secretary, Dawn, were professional, efficient and friendly. I have used other solicitors before, but Banner Jones are by far the best.

Ms S, Sheffield

Banner Jones Solicitors provided an excellent service in what was a slow and difficult divorce matter. The advice and persistence was very reassuring and eventually led to a good outcome.

Miss M, Chesterfield

Very efficient, friendly and professional. We would definitely recommend to friends and family. They made the whole experience problem free.

Mrs W, Mansfield

We’re really grateful for the work you did for us. 10 out of 10!

Mr & Mrs S, Bridlington

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