While it may be tempting to get a quick divorce and try to get it all over with as fast as you can, this can result in key issues being overlooked, causing delays further down the line. In this article, we’ll take a look at three things that you can do in order to ensure that the divorce process runs as smoothly as possible.
At the end of a relationship, talking to your former other half about the separation can be difficult. As tensions rise, arguments can erupt over even the smallest of things.
However, discussing the divorce process with your spouse could help to ensure that proceedings are not delayed unnecessarily.
One of the biggest hold ups can happen when a spouse contests the divorce. This can occur, for example, if the spouse who did not petition the divorce (the respondent) does not agree with the reasons or the grounds that the petitioner cited on the divorce petition. We will go into this in more detail in point two.
If both parties can agree on what will be on the divorce petition beforehand, this can often help to avoid delays later on.
Currently, there is no such thing as a ‘no fault’ divorce in England and Wales.
This means that it is necessary to prove why your marriage has irretrievably broken down by providing one of five reasons or ‘grounds’:
It is highly advisable to discuss your grounds for divorce with a specialist solicitor before completing your divorce petition, in order to help to avoid any issues later on in the process.
If you and your spouse are unable to reach an agreement about issues such as your financial settlement or child arrangements, you could find that you need to go to court to ask a judge to decide for you.
Going to court can be time consuming and costly and should usually be viewed as an option only when you have tried everything else (there are some exceptions to this, so it is important to talk to a solicitor).
Both mediation (where an independent third party helps you to try and reach an agreement) or collaborative law (where you, your spouse and your respective solicitors meet to try and reach an agreement) can help couples who are struggling to reach a consensus on various issues.
While the divorce process can be lengthy, there are things that you can do that may help to speed up the process. A good solicitor should help you to reach an agreement outside of court, wherever possible.
Going through a divorce has to be one of life’s most difficult challenges. Not only do you have to cope with the emotional fallout following the breakdown of your relationship, everything from child arrangements to finances also need to be dealt with. Could a quick divorce help to speed up the process, so that you can move on with your life?
Before you head out in search of a quick divorce provider, here are three things you need to know about getting a quick divorce…
Celebrity splits are never far from the headlines. We’re bombarded with stories of stars getting divorced, sometimes only days or weeks after their break-up with their other half.
If they can get a quick divorce, why do us mere mortals seem to have to wait so much longer to get our divorce papers through the post?
As usual, it’s a good idea to read the small print, as everything is not always as it seems. When newspapers print stories of a celebrity’s ‘quick divorce’, it’s usually the decree nisi that they’re referring to, not the final decree absolute.
After you’re granted your decree nisi, you will need to wait at least 6 weeks and 1 day before you can apply for your decree absolute. This means that a quick divorce – or a quick divorce in a matter of only a few days or weeks – is simply not possible.
That 43-day time-frame does not include the time it takes to complete the forms, apply for the divorce and for the other party to be sent the divorce application and ‘acknowledgement of service’ form. Plus, your spouse will need to respond to the divorce application.
So overall, even for a very quick divorce, you’re looking at at least a couple of months. And that’s if there are no problems.
If you want a quick divorce, you may be tempted to go ahead without speaking to a solicitor. Of course, this is perfectly possible.
However, a good solicitor will help you to ensure that your plans for a quick divorce are not thwarted by mistakes on any of your forms, which could cause unnecessary delays to the process.
A quick divorce is perfectly possible if you and your spouse are in agreement about the divorce. Legally, there is a minimum period of time that you will have to wait between your decree nisi and decree absolute, which means that the whole process will almost always take at least 2 months.
The reality is, that it is not the divorce process itself which often slows down proceedings. Negotiations around the financial settlement, which usually run in parallel with the divorce process, can cause delays and can make a quick divorce more difficult.
As always, it’s best to seek legal advice from a solicitor, to see if a quick divorce is possible in your circumstances and the timescale you could expect.
So what can you do to help to make sure that your divorce goes as smoothly as possible, so you get a quick divorce? Here are 5 tips:
Many people put off going to see a legal expert. It can make things seem too final and not necessary unless you can’t come to an agreement with your spouse. Some people even see it as an aggressive move, something that should be used as a last resort.
This couldn’t be further from the truth. Getting advice from an experienced legal expert can help you to understand your position and what you can expect from the divorce process – giving you peace of mind and helping lay the groundwork to begin effective negotiations with your spouse, to secure a quick divorce.
All of the bills still need to be paid throughout the divorce process. If possible, sit down together with your spouse and work out how you will split them and who is responsible for paying them. When it comes to negotiating your finances it will be much easier if you have a clear idea of where you both stand financially, and therefore helping you to a quick divorce.
Both you and your spouse will have to make a full, honest disclosure of your finances. It’s not actually the divorce itself that usually takes the time. Often, the cases that drag out for many months – or even years – are because an agreement can’t be reached about the financial side of things. Who will get the house? Do you have any pensions or investments? What do you expect the split to look like?
Getting a clear idea of these things can help to make sure that negotiations get off to a good start, this will ultimately save time and money and therefore help you get a quick divorce.
Divorce can take a toll on children of any age and it’s important that they understand what’s happening. If possible, sit down together with your spouse and explain the situation and answer any questions they may have as fully as possible.
Talking to your children together with your spouse can help them to see that although you are divorcing and things will change, you are both ‘on the same page’ – this can help to stop them worrying or blaming either parent.
Court is usually seen as a last resort. If negotiations between you and your spouse are going nowhere you could try things such as collaborative law (where you and your spouse have meetings together with your solicitors) or mediation with an independent third party.
Your divorce doesn’t have to be the long, expensive process that is played out over the newspapers on an almost daily basis. Some divorces are more complex than others and it can take a long time to come to an agreement, especially about the financial side of things. But being prepared and laying the groundwork for negotiations can go a long way to making sure it doesn’t drag out any longer than necessary.
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Our expert family law solicitors can help you with a range of legal issues relating to getting a quick divorce, including:
For more information call our divorce solicitors on 0845 862 5001 or email mail@austinkemp.co.uk.
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