I want to take my divorce case to court – where do I start?

During your divorce court should only be used as a last resort.

Sometimes, it will be necessary to show that you have tried to reach a settlement through mediation (an independent third party there to aid discussions between you and your spouse) before you can take your case to court.

The requirement to have tried mediation is exempt in certain circumstances, such as if there’s domestic abuse involved.

The financial settlement and the arrangements for children are actually separate from the divorce process itself. You will first need to apply to the courts for a divorce (a petition) and then once the respondent has been served the petition then the decree nisi can be applied for. While this is happening you can also apply to the court for a financial settlement (or child arrangements) if you feel it is necessary. It is normally only after the finances have been settled that the decree absolute – the part that means you’re officially divorced – can be applied for.

Austin Kemp’s expert team of solicitors specialise in helping high net worth individuals with international assets and investments. We are experienced negotiators and can also take your case to court, if necessary, to help you get the settlement you want to achieve.

For more information on this subject please visit our Legal Library.

Contact us to see how we can help you with your divorce

For more information on your options call our team on 0845 862 5001 or email mail@austinkemp.co.uk.

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