What is Decree Nisi?
Decree Nisi is the first divorce order made by the Court if the District Judge is satisfied that you have proved the contents of your Divorce Petition.
What is Decree Absolute?
Decree Absolute is the final Order which brings your marriage to an end. If you and your partner have not reached a financial settlement by the time six weeks have elapsed from pronouncement of Decree Nisi, then you should normally wait before applying to the court for Decree Absolute because you may be financially better placed remaining married until a financial settlement is reached.
How long does a divorce usually take?
Depending on the complexity of your divorce, we normally advise that it takes between eight and twelve months to conclude. If financial or family issues are not resolved within this time it is advised to delay applying for a Decree Absolute. We will always try and give you an indication of timescales upon discussion of your case but we must appreciate that several influencing factors could delay proceedings. We endeavour to keep you up to date on proceedings as and when they happen.
How much will is cost to get a divorce?
We understand that separating from your partner can be a hugely stressful time and one of your many concerns is likely to be the cost of a divorce. We always aim to be as upfront and transparent about the likely costs involved and offer a free 30 minute no obligation, appointment so that we can hear about your particular situation and give you advice about the likely costs involved. This also gives you the opportunity to meet one the family law specialists who will be handing your case if you decide to proceed.
Recent news in April 2019 suggests that the new reforms in divorce law, likely to be passed in the next few months, will make some divorces less costly and more amicable.
What is a clean break consent order?
A clean break consent order is a legal document that ends/severs all financial commitments in relation to income, capital, pensions, property and claims against each other’s estates on death following divorce.
Although a ‘Decree Absolute’ is the legal document that ends your marriage, it does not prevent a party to the divorce making a future claim against the other’s income or assets e.g. if one party were to embark upon a new business venture or win the lottery in the future.
Even if there are no matrimonial finances, savings or shared assets, a clean break order is still necessary.
How do I know what I am entitled to?
This is tricky to ascertain until we have met with you. We would suggest that you gather as much financial information as you can such as the value of your property, any outstanding mortgage, assets, investments and pension agreements. This will give us a good basis and as always, we will be as upfront and transparent in our findings as we can.
How can I make sure I will still see my children?
Your children are so important to you and you want to make sure you are still able to see them and spend time with them. The Court doesn't normally get involved with the arrangements for your children unless they are asked to do so. Divorce doesn't affect your legal rights with your children and the starting point is that the children have a right to a relationship with both of their parents. If you are unable to agree arrangements for the children between yourselves, we can help with a range of options such as mediation advice, collaborative law or if required, Court proceedings.
Who will be assigned to my case?
All of our family law team are experienced, specialist family law solicitors. Above all, they are friendly and approachable whilst at the same time, able to give you straight talking sound advice. In addition, all of our Family Law specialists are members of the Law Society and members of Resolution which promotes an amicable view of family law issues. Both Christine and Elizabeth are also fully trained Collaborative Lawyers.