You may wish to simply separate from your partner before deciding to divorce. You can formalise your separation by way of a Separation Agreement: a legally binding contract that sets out the arrangements for your children and/or finances without involving the courts. Alternatively, you may wish to apply for a Decree of Judicial Separation, which allows the courts to resolve finances (this option will not bring your marriage to an end and you cannot remarry). Some couples attend counselling sessions to explore if their differences can be resolved and whether reconciliation is possible. Ask us for details of local counsellors.
An undefended divorce usually takes between four and six months to complete. However, the financial matters usually mean that the divorce isn’t completed until these are resolved and this can be sometime later. Most divorce cases can be resolved without attending court, however, if you are required to attend court your Rucklidge’s lawyer will guide you through the process and explain your options that you can decide how best to proceed.
If you’ve already been separated from your husband/wife for some time and no longer know where they live, we can help you make other applications to the court to progress your divorce.
Your solicitor will help make the ending of your marriage as smooth as possible. They will ensure that queries from the court are swiftly addressed, as any mistakes on your divorce papers may delay proceedings. Rucklidge’s will ensure you’re properly advised when it comes to reaching a financial settlement and that any decision is enforced. They will work in your best interests and towards your optimum outcome.
"You need to be married for at least one year before you can apply to court for a divorce. If you are separated but have been married for less than one year please still speak to our divorce solicitor about ways in which you can protect your position."