Divorce

The divorce proceedings are quite simply the means by which the parties' marriage is dissolved.

Although the Court can resolve any issues relating to the children of the family or financial matters within the divorce neither the decree nisi nor the decree absolute will, of themselves, activate the legal procedures for dealing with these aspects of the separation or endorse any agreement with regard to finances that has been reached between the couple.

The introduction of the Divorce, Dissolution and Separation Act (2020) ended the need for separating couples to apportion blame for the breakdown of their marriage, helping them instead to focus on key practical decisions involving children or their finances and look to the future. There is now no need to cite the fact that the other party to the proceedings has behaved unreasonably as the 'no fault' divorce procedure allows that if one or both parties take the view that the marriage has irretrievably broken down the court does not need there to be detailed a examination of the parties behaviour and instead focus on their arrangements for the children and division of their assets.

If an agreement has been reached an application can be made to the Court for an order in the terms agreed. The Court order provides, with one or two exceptions, a final division of the parties assets so that, for instance, if one party has agreed to waive their claims for maintenance in return for an increased share of property, the agreement cannot be set aside at a later date.

If there is no agreement as to financial issues, so that, for instance, the matrimonial home cannot be sold, the petition provides the means by which the Court can be invited to make orders dealing with the parties' property.

For a minority of people divorce proceedings are not available or are not a practical possibility. In those circumstances, exactly the same remedies, with two exceptions, are available by means of a petition for a decree of judicial separation. Alternatively, if the parties are not yet ready to divorce but wish to record the financial agreement which they have reached a deed of separation may be more suitable.

If you wish to know more about the procedures involved in a petition for divorce please go to the section entitled divorce procedure. Alternatively, contact a member of the family department.

If you are interested in our services please contact our specialist family law solicitors: Lucy Ardern at our Huntingdon office on 01480 456191 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it. or Paula Hamilton at our St Ives office on 01480 464515 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.