How do I start divorce/dissolution proceedings?

Last updated on May 20th, 2022 at 06:24 pm

How do I start divorce proceedings?

Deciding to end your marriage/civil partnership is not a decision that is taken lightly. Indeed, getting divorced/ending a civil partnership is often a stressful and emotional period of your life. However, the process of getting divorced/dissolving a civil partnership doesn’t need to be complicated, especially if you use the services of an expert and professional divorce/dissolution solicitor. An experienced divorce lawyer can help guide you through the process, answer your questions and ensure all paperwork is completed accurately. If you wish to get a divorce/dissolution, but are unsure where to start, then keep on reading. Here, Graysons’ team of divorce solicitors in Sheffield, Chesterfield and Hathersage answer some of the most frequently asked questions about divorce/dissolution in England and Wales.

How long does a divorce/dissolution take in the UK?

The minimum amount of time in which a divorce/dissolution can be granted is 26 weeks.   However, divorce/dissolution can take longer. For example, if parties cannot come to an agreement on finances, or disagree on who should be the primary carer of any children. Working with an experienced divorce/dissolution lawyer, such as Graysons’ team of divorce solicitors in Sheffield, Chesterfield and Hathersage can help ensure the divorce/dissolution process runs as smoothly and quickly as possible. 

What documents do I need to get a divorce? 

To start the divorce/dissolution process, you will need your original marriage/civil partnership certificate or a certified copy, as well as your ex-partner’s full name and address. If your marriage/civil partnership certificate is in another language, you will need to include a certified translation. If you have changed your name since you got married, then you will also need to provide proof of your name change. 

What grounds for divorce are there in England and Wales?

One or both of you can apply for a divorce/dissolution if your marriage/civil partnership has broken down irretrievably.

To start the divorce/dissolution process in England and Wales, you must have been married/in a civil partnership for more than a year and be able to demonstrate that this is your permanent home, or your ex-partner’s permanent home. Your marriage /civil partnership must also be legally recognised in our jurisdiction. An experienced divorce/dissolution solicitor will be able to advise you. 

Can I get divorced if I am in a civil partnership? 

No, you cannot get a divorce if you are in a civil partnership. If you wish to end a civil partnership, then you will need to apply for a dissolution. As with a divorce, you will need to state that your relationship has broken down irretrievably. If you need advice about ending a civil partnership, then contact Graysons’ team of solicitors in Sheffield, Chesterfield and Hathersage.

Can I get an annulment instead of filing for divorce/dissolution? 

Yes, you can get an annulment instead of a divorce /dissolution in  England and Wales. However, in order to get an annulment, you will need to prove that the marriage was not legally valid. Grounds for an annulment include: 

• Your spouse/civil partner was previously married/in a civil partnership
• Either person was under 16-years-of-age when they got married/entered into a civil partnership
• The marriage civil/partnership has not been consummated (opposite sex couple)  
• Consent for the marriage/civil partnership was not properly given
• The marriage/civil partnership was agreed under false pretences
• Either spouse/civil partner lacked mental capacity to agree to the marriage/civil partnership

A specialist divorce lawyer, such as Graysons’ team of solicitors in Sheffield, Chesterfield and Hathersage, will be able to advise you whether you should seek an annulment or a divorce/dissolution. 

Can my partner refuse to grant me a divorce/dissolution?

No, your partner cannot dispute your application for a divorce or dissolution of civil partnership.

Will I have to go to court to get a divorce/dissolution? 

It is unlikely that you will have to go to court to get a divorce/dissolution.  Court attendance may be necessary if parties cannot agree on who should pay legal costs, or agree on other financial matters, or arrangements for children. It is important to remember that going to court is seen as a last resort, and an experienced divorce/dissolution lawyer will only proceed to this stage when all other possible avenues to reach an agreement have been exhausted. 

How can Graysons’ divorce/dissolution solicitors in Sheffield, Chesterfield and Hathersage help? 

Graysons’ team of divorce/dissolution solicitors in Sheffield, Chesterfield and Hathersage can give you expert advice at every stage of the divorce/dissolution process. They will be able to answer any questions you have and discuss all your options, ensure all paperwork is completed accurately, help you understand your rights as well as the rights of your ex-partner, all while working with you to ensure the very best outcome. If you wish to apply for a divorce/dissolution, then contact our team of divorce lawyers today.