How To Get A Divorce

Working out how to get a divorce can feel overwhelming at the start, but with the right legal support, the process becomes far less daunting and more manageable. Before you make an application, there are a few practical matters worth settling, including whether you are eligible to divorce yet, to the documents and information you will need to hand. This article covers that early groundwork, so that you begin the process on a sound footing rather than discovering a problem partway through.

Reach out to the supportive and experienced team at Birch & Co today. Call us on 0191 284 5030 or complete a Free Online Enquiry to receive a clear, fixed price estimate for your matter.

Reach out to Birch & Co’s specialist and supportive team today. Call us on 0191 284 5030 or complete a Free Online Enquiry now to get a bespoke fixed price estimate.

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Are You Eligible For A Divorce?

The first question is whether you are eligible to apply for a divorce at all. You can only divorce if you have been married for at least a year, so couples who separate sooner have to wait until that first anniversary has passed before they can apply. There is nothing to prevent you from taking advice and preparing in the meantime, but the application itself cannot go in until the year is up.

Your marriage also needs to be legally recognised in England and Wales, which is straightforward for most people but occasionally raises questions where the marriage took place abroad. In addition, the courts here need to have the authority to deal with your divorce, which usually depends on where you or your spouse live or regard as your permanent home. If any of these points is unclear in your case, it is worth taking legal advice before you go any further.

Do You Need A Reason To Get A Divorce?

One thing that puts many people off is the worry that they will have to justify their decision or prove that the marriage failed. That is no longer the case. The only requirement is a statement that the marriage has broken down irretrievably, and you do not have to explain why or apportion blame.

This also means your spouse cannot prevent the divorce simply because they would prefer to stay married. Once one person has decided that the marriage is over, the divorce can proceed. Removing the need to attribute blame has taken a great deal of the early bitterness out of the process, which tends to make everything that follows a little easier.

What Should You Decide Before You Start?

There is one early choice worth thinking about, which is whether to apply on your own or jointly with your spouse. A joint application suits couples who have reached the decision together and want to approach the process as something they are doing side by side. A sole application is appropriate where a joint approach is not realistic, and there is nothing wrong in choosing it. Either way, the outcome is the same.

It is also worth thinking early about the finances and, if you have children, about the arrangements for them, because these are dealt with separately from the divorce itself and are usually the more important matters in the long run. You do not need to have them resolved before you apply, but having them in mind from the outset helps you plan.

What Do You Need To Have Ready?

Practically, the main thing you need is your marriage certificate, either the original or a certified copy. If the marriage took place abroad and the certificate is not in English, you will also need a translation. You will need some basic details to hand as well, including your spouse’s full name as it appears on the certificate and an address at which they can be contacted, since the application cannot proceed if the papers cannot be delivered.

Beyond the paperwork for the divorce itself, it is sensible to begin gathering information about your finances, because you will need it for the settlement. Bank statements, mortgage details, pension statements, and payslips all take time to assemble, and pension information in particular can be slow to obtain, so there is no harm in making a start early.

Should You Take Advice Before You Begin?

There is no requirement to instruct a solicitor, and you can make the application yourself. That said, taking advice at the outset is often worthwhile, particularly on the financial side, because decisions made early can be difficult to undo later. A short conversation can confirm that you are eligible, help you decide between a sole and a joint application, and flag anything in your circumstances that needs particular care.

At Birch & Co we are happy to have that early conversation with you while you are still deciding how to proceed. We will give you an honest view of your position, explain the options in plain language, and help you get everything in order, so that any complication is dealt with before it becomes a problem.

Speak to Birch & Co

If you are thinking about how to get a divorce and want to be sure you are ready before you begin, our family law team can talk you through the groundwork and what to expect.