If you look in any tabloid newspaper from week to week, there will no doubt be a mention of the latest celebrity being granted a ‘quickie’ divorce.
This perpetuates the idea that a party to a marriage seeking a divorce can obtain a Decree Nisi in fifty seconds. The Decree Nisi does not formally end the marriage, it is merely a certification that the Petitioner is entitled to a divorce.
What the media seems to be discussing is the actual time it takes to pronounce the Decree Nisi. This is the process that divorcing couples will go through when the divorce is not contested. The process is a formality, which usually means that neither party is required to attend court and the entitlement of the Petitioner to a divorce is confirmed by an open court instead.
However, the fact remains that a basic divorce, from the filing of the Petition to the granting of the Decree Absolute, will rarely, if ever, take less than six months. This is due to the time it takes to file the petition, for service upon the Respondents, and the compulsory minimum wait of six weeks and one day between the pronouncement of the Decree Nisi and when you can apply for Decree Absolute.
Further to that, it is important to note that the mechanism of the divorce is separate to the division of finances. This can take a lot of time and money if matters are acrimonious, and even more so, if children are involved.
Given all the elements of process, the need for specialist legal advice is highlighted. With the increase in popularity of online legal services, (for example, the Co-Op has recently launched a fixed fee digital divorce service) consumers may think they are saving money by choosing this method rather than engaging with a lawyer. However, from experience, we can say that the path a divorce might take cannot be predicted, and many issues can arise along the way. It is worth taking time to consider all your options, with the benefit of specialist legal advice. Our Family Law team at Buckles can help – for more information please call 01733 888888 or 0115 947 4500 and visit www.buckles-law.co.uk.
