Starting Divorce Proceedings

Helping you through the process of ending your marriage.

If you have made the decision that your marriage has come to an end and it is time to move on, then before starting divorce proceedings there are a few things you will need to know.

Can I get a divorce?

You can only apply for a divorce if you have been married for at least a year. In some circumstances you may be eligible to end your marriage by annulment, if you can show that is was not valid or is defective for specific reasons. Unlike divorce you can apply for annulment any time after the wedding and do not have to wait a year.

If you have separated from your partner, but do not want a divorce for religious or other reasons, you can apply for a legal separation to formalise your arrangements for living apart.

How do I start the process?

There is only one ground for divorce: that your marriage has irretrievably broken down. There are five ways to prove this and your solicitor can advise which is most appropriate in your circumstances.

Our experienced divorce solicitors will draft your divorce petition and submit it for you, avoiding many of the problems that can arise. We will ensure the forms are filled in correctly, send the right fee and keep tabs on the timings for the next stages in the process. If there are any complications, such as being unable to contact or locate your spouse, you can rest assured that we will find the best way to help you.

Contested divorce

In the rare event that your husband or wife does not agree to the divorce, or contests the evidence, we can advise you on the best course of action and represent you at court if necessary.

What happens next?

Once the court has approved your divorce petition, you will need to agree what should happen with the family home, where you and your children will live in the long term, who will pay joint outgoings such as mortgage payments in the short term, and you may need to negotiate a longer term financial settlement over any joint business interests, property, investments and pension rights among other things.

Our experienced and dedicated family law team are committed to avoiding confrontation in helping you negotiate with your spouse and their solicitors to reach a brokered agreement over financial arrangements and issues relating to your children.

However, if an agreement cannot be negotiated, we can offer you the highest level of representation at court for financial applications or child arrangements orders and we will be by your side every step of the way.

Why choose Hancock Quins?

We provide:

  • a fast, efficient and friendly advice at a difficult time;
  • your divorce petition completed by an expert;
  • negotiations on finances and arrangements for children are started straight away; and
  • you will have the same solicitor by your side from start to finish.

Speak to a solicitor

If you are considering starting divorce proceedings, or want to find out more about your options, call us now on 01923 650850. We are waiting to take your call.
Alternatively, the Hancock Quins Divorce Helpline is also available if you are not quite ready to begin divorce proceedings. It is free, confidential and anonymous, with no obligation or charge to you. Call 01923 650811 for friendly, confidential advice you can trust.