Me and my partner have split up and want a divorce - What should I do?

want a divorce

Provided you have been married for more than a year, then either party to the marriage can ask for a divorce. The person who files for divorce is known as the Petitioner. The other person is known as the Respondent.

There is only one ground for divorce and that is that your marriage has “irretrievably broken down”. The breakdown is then proved in one of five possible ways; alleged unreasonable behaviour, adultery, two years separation with consent, desertion, or five years separation.

It is best that the husband and wife try to agree the grounds for divorce as divorce is largely a paperwork exercise designed to bring the marriage to an end. There is a fee you have to pay to the Court when you file your divorce of £410, although you may be exempt from paying the fee or able to pay a reduced fee depending on your financial position. The divorce process takes around 5 – 6 months and it will end with a Decree Absolute of divorce, which replaces your marriage certificate and brings the marriage to an end. It is important to note that it does not bring to an end financial claims that the two of you may have against each other, which can remain open. It is often, therefore, sensible for a Court Order to be made which sorts out your finances as part of the divorce process.

Smiths Partnership offer fixed fees/tailored packages with regard to divorce proceedings and can provide advice about your financial options.

If you’d like to find out more about the legal services offered by Smith Partnership, don’t hesitate to contact us via Alternatively, speak to a member of our team directly on 0330 123 1229.

Ruth Jones

Modal - Request a Call Back

0330 123 1229

Thank you for providing your personal information. Please be aware that we will use that information to get in touch with you regarding your enquiry but never sell or transfer it to anyone else. If you would like to find out more regarding our use of your information, please visit our privacy policy using the following link: privacy policy. We would love to keep you up to date about all of the fabulous products, events and services we have to offer. Please tick the “opt in” box if you would like to receive these updates by email.