At MyBump2Baby, we feel that it’s really important to share information on topics such as divorce, so that we can offer help and support to those when they need it most. Getting a divorce is a confusing and hard time and many couples don’t know where to start. This blog is all about ‘How to get a divorce’. We hope it offers some help to those in need.
How to get a divorce
Going through a divorce means that you and your partner have decided, for whatever reason, that you do not wish to be together anymore. It involves separating and terminating your marriage legally. Divorces can happen for a lot of different reasons and it’s totally up to you who you share those reasons with. Whatever your reason is for wanting a divorce, when telling your partner you must be clear, honest and understanding. A lot of married couples decide to get a divorce, it is nothing to be ashamed of and if you believe you will be happier then the choice is completely yours. Getting a divorce is a different process all over the world, in England and Wales there are criteria that must be met before a divorce can be granted.
- You must have been married to your partner for at least one year. This implies that you have actually attempted to make your marriage work before you have filed for a divorce. There are other options however, including legal separation.
- The marriage has permanently broken down. This would be when the person filing for the divorce, the ‘petitioner’ has proved that they cannot continue with their marriage or living with their spouse.
- Your marriage is recognised in the UK.
- The UK is either yours or your partners permanent home.
Deciding to get a divorce
Choosing that you want a divorce from your partner is a really hard decision to make. It can often be made even harder when children are also in the picture, along with property and other things. Sitting down with your partner and discussing the idea of a divorce can be a really anxious time, even when you’ve been thinking about your reasons for a while.
In some cases, both partners can agree to a divorce, however sometimes it is not that simple. If just one partner wants a divorce, things can get tricky.
If you are considering a divorce, whether or not you think your partner will agree, you must be prepared. You need to prepare for the way that your spouse may feel when you tell them how you feel, you’ll need to be ready to answer any questions and also show them support.
On the contrary, if your partner is suggesting that you get a divorce, you must try to stay calm and listen to their reasoning. While you may find it hard to accept to begin with, once you think about the situation in more detail, you may find that you may feel happier with a divorce too. It’s OK if you want to remain quiet and give yourself time to process the situation, but it’s also OK if you want to ask questions and understand the situation more that way. Either way, it’s important that you remain calm and try to be understanding. This conversation may be hard to hear, but it’s also hard for your partner to start.
Before you apply for a divorce, you should take time to consider what will happen to any children, money and property that you have. A lot of the time properties are jointly owned and therefore arrangements should be made to split the costs in some way.
Children also must be taken into consideration. It is likely that one parent will have custody over the children and then plans will be made for how often and when the other parent will care for the children.
Making these arrangements is difficult and they should be talked about in a calm way and without any children involved to start with. Children can be told at a later date when all of the details have been finalised.
In order to make these arrangements easier, it might be a good idea to hire a family law solicitor who can help you along the way. A solicitor will not make decisions for you, but they will advise you on the best options for you and your family.
Applying for a divorce
Once you and your partner have agreed to have a divorce, it can be hard to work out what’s next. We wanted to ensure that the information was readily available for those who might need it. First, one of you must apply for a divorce, which currently costs £550 in England and Wales. You will pay this when you send off your divorce papers.
Often it is down to the petitioner to pay for the divorce costs, however you can request that your partner split the cost with you, as this can be a large payment for one parent to deal with.
In order to be granted a divorce, you must have met the criteria mentioned above and also mark your marriage as ‘irretrievably broken down’ which means you genuinely believe that there is no way you could save your marriage.
Within this, there is more criteria, also known as ‘facts’ that you must meet. You can choose 1 of 5 facts to end your marriage.
- Adultery has been committed.
- You have been separated for at least 2 years and both agree that divorce is the best option.
- You have been separated for at least 5 years, only one of you needs to agree to a divorce.
- Unreasonable behaviour has occurred.
You will need to include the relevant facts in your divorce application. After this application has been accepted, you will receive a ‘decree nisi’.
A legal separation
A reason for separation without divorce is known as a legal separation. This can sometimes be an option for those who have been married for less than a year and therefore do not meet the criteria for a divorce. However, some divorce solicitors may advise against this.
Using legal separation means that you and your partner remain married but can live apart and make any other arrangements between yourselves. For religious reasons, couples may choose to have a legal separation over a divorce. The cost of a legal separation is £365 in England and Wales. This is a one off payment and there is no extra cost attached. However, if in the future you decide to file for a divorce, you will still have to pay the usual divorce fee of £550. This can also be a reason why people choose to wait for at least one year to be up before they file for a divorce, it can be costly.
Family Law Solicitors
Going through a divorce alone can be daunting, you often don’t have much advice and it can be very confusing. A good way to get good quality advice is to hire a divorce solicitor. Divorce solicitors are highly trained to deal with this exact situation.
Having a divorce solicitor can often make the process more calm and better for everyone involved. They can also offer parents advice on how to tell children that they’re going through a divorce, which is a really difficult conversation to have. Solicitors can represent you in court should you require it, they can help to ensure that you have a good outcome when it comes to money and property.
Family law solicitors are often recommended when one partner may not agree to the divorce, it can make the situation easier to deal with and they can advise you on the best way of dealing with this difficulty.
Where we can help
At MyBump2Baby, we work with family law solicitors all over the UK, who provide families with support and advice through all kinds of challenging times, divorce being one of them. We are proud to work with these companies and feel honoured that we can promote them through various platforms.
Using our directory, you can have access to family law solicitors in your local area, who can help you through hard times. The companies that we work with work hard to ensure that their clients receive the best outcome possible and are represented in a professional and effective manner.
Find your local family law solicitor here.
Deciding that you want a divorce and knowing what to do in the situation can be really hard. There are a few options on how you get get a divorce or separate. It is important to remember that every couple is different and what works for someone else might not work for you. You should be open to advice but you need to consider yourself and your partner to work out the best option for you both and any children that you might have together.
We hope this blog has been useful. We are proud to be able to share important information on topics such as this one, so that families know exactly what they need to do to complete the process of a divorce. There is plenty of help available if you need any more advice.