We would always recommend that you first take advice on a relationship first, then pursue divorce advice and discuss divorce finances. If your husband or wife does not agree, the divorce can take much longer. It is important to discuss who gets what in a divorce. Ultimately, to get a divorce you need to follow a number of stages. In order for the process to take 4 months, you need to agree on the following with your husband or wife:
Decide once you divorce who gets the house and how the assets, other property, money, and possessions will be divided between you.
If you can not agree on items such as who gets the house in a divorce, the family lawyers can assist you to plan the divorce division of assets and help the process complete as swiftly as possible.
If you want to get a divorce ensure you take good divorce advice to avoid anything that may slow it down. It is important to discuss divorce settlements. We have highlighted some situations to be aware of below.
Ensure that you have good arrangements in place that will ensure the court is satisfied that the children will be cared for adequately, this includes an amicable agreement on divorce finances. Family lawyers will be useful to talk to and can help decide who gets what in a divorce. This is very important, as the court may decide to refuse the divorce if the child care arrangements post divorce are inadequate. If the court does refuse the divorce you will need to re-work your plans and start the process again which will cost you time.
Although childcare issues can stop the divorce before it starts, if you disagree over who gets the house in a divorce and how to split the assets, money, possessions or property this will not always stop the divorce.
When a couple can not a agree on the question what am I entitled to in a divorce or on possessions, property or money then the court can be asked to decide on behalf of the couple. A formal arrangement can be made in court and this is known as a ‘financial order’ or an ‘ancillary relief order.’
The process with the court to organize the divorce finances and divorce settlement is a separate process to the divorce. In fact, in many cases, the financial order process is completed after the formal divorce has been finalized.
Usually you can get divorced in England and Wales as long as the following is adhered to:
You have a permanent home in England and Wales. It is ok if you spend some time abroad.
The marriage is recognised in England and Wales as legal. It is usually recognized as legal in England and Wales if it is recognized as legal in the country in which you were married.
If you are unsure as to whether you meet the criteria to get a divorce then seek legal advice from a family lawyers, at the same time discuss what am I entitled to in a divorce. As long as you meet both these conditions for divorcing, you will usually be able to apply to courts in England and Wales for a divorce. You should seek legal advice if you are unsure you meet these conditions and ensure you discuss other items at the same time such as who gets what in a divorce.
You can get divorced outside of England and Wales if you married abroad but you would need to contact the appropriate authorities within the relevant country.
If you want to divorce your husband or wife, you will need to apply to the court and explain why you want a divorce. It helps to smooth the process if you have already decided on the divorce and house sale. This application is called a ‘divorce petition’.
To start the divorce you will need to complete the form D8 which is the divorce petition. As well as explaining why you want a divorce you will need to add the following:
Your wife or husbands full name and address
Your own name and address.
Your children’s names and dates of birth, irrespective of how old they are.
You will also need your original marriage certificate, or a copy from the register office. You can contact your local register office to find out how.
When you complete the grounds for divorce, if you name someone else who your partner has committed adultery with, then that person also has a right to receive copies of the paperwork.
For children under the age of 16 (or under 18 if they are at college, school, in training for a profession, vocation or trade) you will l also need to fill in the D8A form. This is the statement of arrangements for children as outlined earlier, it is useful to have decided who gets the house in a divorce.
Information that will need to be on this form includes the following:
Current childcare arrangements and how they will change once you are divorced.
Outline maintenance arrangements that have been made or are to be made in the future.
The name of the children, dates of birth, addresses, education and training needs, as well as their health.
The arrangements for contact and access to visit the children that exist or are going to be made need to be outlined.
Also, if you already have arrangements with probation officers, social services or court orders they will need to be included. As best as possible ensure you agree the arrangements with your wife or husband first.
In order to start the divorce process you will need to make a payment. You can also keep costs down by making the divorce amicable through pre agreed divorce settlements, agreeing divorce finances and answering the question of after divorce who gets what.
At this moment the cost to start a divorce is £340, although this can be reduced if you are on certain benefits or have a low income.
For more information You can also obtain the Leaflet EX160A: Court Fees – Do you have to pay them?
You will need to obtain form D8, the divorce petition, and complete 3 copies of this.
Three copies of form D8A will also need to be completed if you have children, this is known as the statement of arrangements for children.
You then need to speak with your family lawyers to identify which court to send the papers to as not all courts deal with divorces. They can also help you finalize a divorce settlement.