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, that you have decided that your marriage is sadly at an end, and that you are seeking a 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.
You can either divorce as a sole Applicant against your spouse, or, you and your partner can file one application for divorce jointly between you.
If you choose to proceed as a sole Applicant, then your spouse (the respondent) will receive a copy of the petition and a form which he/she/they have to complete and return to the court.
There is then a 20 week period that must follow before we can move on to Stage 2. During this time, we would advise that negotiations take place to resolve and agree the division of the marital assets.