Types of Divorce
How long does it take to get a divorce?
There is no such thing as "quickie divorce". The divorce process takes the same length of time no matter what ground you rely on. You have to file a petition with the court, it gets sent to your spouse and they have to say whether they are going to defend the case or not. Defended divorce is very rare. Most divorces take 4-5 months from start to finish (unless the decree absolute application is not made becase finances still need to be sorted out).
Do It Yourself Divorce
A DIY divorce is one where you deal with the divorce process yourself without the help of a solicitor.
Suitable if your case is amicable, uncontested and where you feel comfortable in dealing with the court forms yourself. If you want to draft the documents yourself but just need peace of mind of your solicitor checking them, we offer a range of pay as you go options.
If complications arise such as your spouse not co-operating with the process this may result in delay and add extra time to the whole process. Even if you choose DIY for your divorce, you should seek legal advice regarding finances. You may not have any assets but you can still put in place a clean break just in case you come into some money in the future.
You still have to pay court fees (£550) even if you choose the DIY option and you'll still need to sort out your finances.
Where to download DIY forms?
Fixed price Divorce
We deal with the divorce process for you so that you do not have the worry or hassle of dealing with the court.
Suitable for cases where you would like someone experienced in dealing with divorce matters to deal with the process for you to make sure it runs smoothly.
The costs for this service is £250 plus vat plus court fee.
Mediation is designed to resolve disputes. When people separate or get divorced, trained mediators sometimes help them work on communication issues, make arrangements for children, exchange financial information and generally consider their options.
Mediator is not necessarily a solicitor. The mediator may direct either party to seek independent legal advice. The family solicitor can therefore provide advice to the client alongside the mediation process.
One issue to bear in mind however, in respect of agreements reached during mediation about finances, is that divorce itself does not bring to an end financial claims. Therefore the client would be advised to have the mediated agreement incorporated into a Consent Order which can be lodged with the court and approved by the Judge so that there can be a clean break
An alternative to mediation is collaborative law.
Finances and divorce are actually dealt with separately by the court.
This is because the court will not make any orders about finances unless you ask it to. You can do this by reaching an agreement with your spouse and lodging a consent order at court to finalise financial claims. Or you can ask the court to decide how the marital assets should be divided by filing an application for financial relief. Divorce itself does not end financial claims so even if you do not have assets now, think about what may happen in the future for example if you win the lottery or inherit money – you may want to put a clean break agreement in place now.
You will need to think about capital such as equity in a house or savings. Also there are pensions and income to look at. We can help you negotiate a settlement and if you do manage to agree we can prepare the consent order. Or if you cannot agree, we can help you with the court process.
If you are separating from your spouse but do not want to start divorce just yet, you can put in place a separation agreement to set out what agreement you have reached regarding finances. As divorce solicitors based in Sheffield our process for preparing a separation agreement starts at £500 plus vat.