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‘Divorce day:’ advice for those considering divorce

Posted on January 8th 2018

The Christmas period can be one of the happiest or hardest times of the year. For couples struggling with difficulties in their relationship, trying to keep it together over Christmas can bring issues to a head. This is one of the reasons why there is often an increase in divorce enquiries in January, and why January 8th 2018 is being described as “Divorce Day.”

Are you thinking about divorce?

Divorce is not something to be taken lightly and starting the process is likely to be a difficult decision. Of course, in cases where the relationship has broken down, a well-considered divorce can be fundamental to securing a positive, happier future for you and your family. Below are our tips for things to consider and remember if you are thinking about divorce:

  • You cannot apply for a divorce in the first year of your marriage.

The Law will not allow you to divorce unless you have been married for at least one year.  This is to try to encourage couples not to give up on their marriage too easily.

  •   There is only one ground for divorce.

You can only divorce in England and Wales if your marriage has “irretrievably broken down.”  As a result, you should not apply for a divorce unless you are absolutely sure that there is no chance that you and your spouse could work through your problems. The government website provides a useful guide of the 5 possible reasons that you can give to prove the breakdown of your marriage here.

  • A solicitor will always discuss the possibility of you reconciling with your spouse if you seek divorce advice.

If a solicitor helps you to apply for divorce, they have to file a document called a Certificate of Reconciliation with the court, along with the divorce application.  This is to confirm whether:

– they have discussed the possibility of reconciliation with you.

– they have provided you with details of people who could help you and your spouse reconcile (i.e. counsellors).

  • It is possible to withdraw a divorce application at any point before it is finalised.

A divorce consists of several stages and it is possible to withdraw it up until it is finalised.  This means that it is still possible to change your mind about ending your marriage once you begin the process.

It is very important that you are sure that divorce is the way forward for you before you begin. Although it is possible to change your mind after starting the process, it is better not to spend time and money doing something that is ultimately not right for you.

Always consider seeking advice and support from a counsellor before deciding to end your marriage. An organisation such as Relate can help if you and your spouse are having problems.

How can we help?

It is strongly recommended that you seek advice from a family law solicitor before you apply for a divorce. This will ensure that you know what implications divorce will have for you. You can read more about our divorce services and why you should always seek professional legal advice here.

We offer free initial advice and you can call us today on 01244 312306. Alternatively, get in touch with us through our contact page here.

Call and speak to a lawyer on 01244 312306