Divorce and Family Law Solicitors in Derby

Our divorce and family law services

FAQs about divorce and family law

Who is eligible to initiate a divorce?

Either spouse can independently or together file for divorce. In cases of a joint application, the court notifies both parties about the filed application, and both share responsibility for it, including agreeing on covering court fees.

In the case of a sole application, the respondent is required to submit an acknowledgment of service, confirming receipt of notice regarding the applicant’s desire to divorce.

What is the process of getting a divorce?

To start divorce proceedings, the marriage should have lasted for a minimum of one year. Although the marriage could have taken place anywhere worldwide, divorce applications are only considered in England and Wales if one of the spouses fulfils residency requirements or is domiciled in the area.

The divorce process is mainly administrative and usually carried out online, reducing the necessity for court appearances. However, if one party disputes the proceedings, a separate procedure is followed, though contested cases are rare.

Will I have to go to court to get a divorce?

If both parties agree to the divorce and the grounds for divorce, then you may not need to attend a court hearing. However, court fees are still payable as the court will be completing the legal process for the divorce to be made final.

If one of the parties does not agree with the divorce going ahead and defends the divorce or the parties cannot reach an agreement on who pays the legal costs, then you may need to attend court.

What is a conditional order (decree nisi)?

After the respondent spouse confirms receiving the divorce petition and a minimum of 20 weeks have passed since the proceedings began, the petitioner can request a conditional order, formerly known as decree nisi. This order signifies the court’s belief that there are no impediments to moving forward with the divorce.

What is a final order (decree absolute)?

After the conditional order, there is an additional six-week waiting period before the petitioner can seek a final order, previously referred to as decree absolute. This paperwork signifies the formal end of the divorce process, legally recognising both parties as divorced.

How long does a divorce take?

A divorce or dissolution typically requires at least six months to complete due to the mandatory 26-week waiting period in England and Wales.

What does a family law solicitor do?

Our family law solicitors in Derby specialise in guiding clients through divorce proceedings and facilitating resolution of family disputes. Whether you need representation for a divorce or domestic abuse case, our solicitors can assist you or your family member. Moreover, we provide services for drafting pre-nuptial and post-nuptial agreements for married couples or those in civil partnerships, ensuring peace of mind for the future.

Matters concerning children and care proceedings are also within our expertise, including negotiations for Child Arrangement Orders that determine parental responsibilities and residence arrangements. Furthermore, our experience extends to various other aspects of family law, such as cohabitation agreements, financial matters, and civil partnership law. We prioritise dispute resolution and negotiation to achieve the best possible outcomes for our clients, especially in cases involving family court.

Why should I use a local family law and divorce solicitor in Derby?

Opting for a nearby family law solicitor offers customised face-to-face meetings, a deeper grasp of local resources, and enhanced accessibility.

Establishing an in-person relationship is frequently crucial for delicate legal concerns like divorce, as it enables our family law specialists based in Derby to offer personalised assistance.