Financial & Property Matters

To download our “Guide to Financial Proceedings within Divorce” please click here.

It is always advisable to try and reach a financial settlement with your spouse on a voluntary and amicable basis. If you can talk things through and reach an agreement, you will save yourselves time and money that otherwise may have to be used to argue about it in court.

If you and your spouse are able to reach an agreement, then Fairbrother & Darlow can prepare a formal document embodying the terms of the agreement. This can be by way of a Deed of Separation, which does not go to court, or in the form of an order that can be sent for the approval of a judge within divorce proceedings.

If you are not able to reach an agreement, then you may have to start proceedings where the court will order both parties to provide ‘full and frank disclosure’ of their financial circumstances. We can then help you to explore with the possibility of a settlement that provides financial security for both parties and, if applicable, any children.

If an application is made to a court, the legal factors a judge considers to decide what is fair are set out in legislation and include:
The parties’ incomes, earning capacities and mortgage capacities; The parties’ financial needs, obligations and responsibilities; The parties’ standard of living;The parties’ ages and duration of the marriage;Any physical or mental disability that a party may have;The parties’ respective contributions to the marriage;Occasionally the court may take into account the parties’ conduct; Any loss of benefit, whether financial or otherwise, that may arise from the divorce proceedings; The welfare of any child(ren) of the marriage.

Nullity and Judicial Separation

There are particular rules that are applicable in proceedings for a Decree of Nullity or Judicial Separation. If you would like to have further advice in connection with these matters please contact Fairbrother & Darlow.

Decree Nisi

The Decree Nisi is the provisional divorce order. You will remain married until the Decree Nisi has been made ‘absolute’.

The District Judge will look at the documents before him or her and will approve the contents if all is in order. A court date will then be set to confirm that you have established the grounds for divorce and the court is satisfied that the marriage is broken down irretrievably. The court will issue a Certificate of Entitlement to a decree confirming these details. Neither you, nor the Respondent, are expected to attend court for the pronouncement of the Decree Nisi, unless there is a dispute over payment of court fees.

Decree Absolute

Once you have received the Decree Nisi, you must wait for 6 weeks before applying for the Decree Absolute, by sending another application form to the Court together with a further Court fee. The Decree Absolute legally ends the marriage.

The Decree Absolute is an important legal document and should be kept in a secure place. It can affect any Will made prior to its pronouncement and you should consider making a revised or a new Will. Secondly, the parties are free to remarry.

How Long Does It All Take?

It usually takes about five months to obtain a straightforward divorce (i.e. where the divorce is not defended by your spouse and the facts are clear cut) – and, even then, this depends on how quickly each party returns the various forms to the Court and on how busy the Court is.

To discuss the procedure and costs further please contact this office