Is there any way to hurry along the divorce process?

 

The Family Law Act (1996) was brought in to help make divorce speedier and less painful for the parties involved. However it can be a complex process with many stages to go through and no two divorces will be exactly the same; therefore it is advisable to seek legal advice from a specialist divorce lawyer.

The simplest way to obtain a divorce is to live separately for two years and then both agree to the divorce. This is known colloquially as a ‘no-fault’ divorce, because neither party has to prove that the breakdown of the relationship is the fault of the other party.

This avenue for divorce can also run smoother, and therefore more quickly, if the couple decide to draw up a legal separation agreement. That is, the parties can make a Deed of Separation wherein they agree beforehand on when to divorce, how to dispose of the joint matrimonial assets, and how provision for any children should be arranged. If both parties have received legal advice, the court will usually take a favourable view of this Deed at the time of divorce, and this may expedite matters.

A quicker time scale for starting the divorce process is allowable if one party is filing the petition for divorce against the other on the grounds of adultery or unreasonable behaviour. If this is the case, then the petitioner can file for divorce after one year of marriage. However, because this may prove to be a more combative form of divorce and the other party (the respondent) may instruct their solicitor to defend the divorce, this method may take a similar amount of time to complete as if a couple had lived separately for two years and agreed together to divorce.

Because a combative approach may take more time to resolve the outstanding issues in a divorce, there are some specialist solicitors who practise collaborative law. This is a process whereby divorce solicitors can help you agree the terms of a divorce without going to court.

If you are looking for a specialist divorce solicitor, we can help. Call us on 08001 221 2299 or fill in the web-form and speak to one of our trained advisors. We can put you in touch with the right divorce solicitor in your location and get you the advice you need.

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