Barbara Johnson-Stern

A Step-by-Step Guide to the Divorce Process

A Step-by-Step Guide to the Divorce Process

Published on
Barbara Johnson-Stern
Divorce Solicitor
Cordell and Cordell

Making the decision to end a marriage is not an easy one and can bring with it numerous considerations on top of significant emotional strain.

To assist in making the decision to end a marriage and all the key considerations more manageable and concise, we have mapped out the need-to-knows when it comes to the divorce process in a step-by-step format.

There is certainly much to consider when it comes to embarking on divorce proceedings but the information below should make the prospect of ending a marriage less daunting, with much-needed clarity to help make the process as manageable as possible.

From applying for a divorce to contesting a divorce petition, with regard to all key legislation and terminology, we map out the divorce process, what you can expect and how the process can be made simpler in our comprehensive guide.

The Divorce Process Explained: Step by Step

In England and Wales, a divorce can be granted to any couple who have been married for at least a year and whose marriage has irretrievably broken down.

This however is only possible if:

(1) their marriage is legally recognised in the UK; and

(2) at least one party to the marriage has a permanent home/residency in the UK.

Why Choose Lawyers in the Divorce Process?

Whilst it is not a compulsory measure, many couples deciding to end their marriage do choose to seek advice from lawyers during a divorce. This can be for numerous reasons, including:

  • an unfamiliarity with the legal process and a need for guidance and legal advice
  • support needed because of the emotional strain inherent in many relationship break-ups.

How to Apply for a Divorce

For anyone who is looking to apply for a divorce, a divorce petition must be issued. This is essentially a means of seeking permission from the courts to divorce. Whilst many couples decide to do so, it is not compulsory to seek and engage lawyers to assist with the divorce process.

A divorce petition must:

  • give details of the parties to the marriage
  • state the grounds on which a divorce is sought
  • provide evidence that the marriage has irretrievably broken down
  • be accompanied by the marriage certificate or another form of proof of the existence of the marriage.

Proving Irretrievable Breakdown

There are five possible ways of proving irretrievable breakdown:

(1) Two years’ separation if both parties to the marriage give written agreement to the divorce.

(2) Five years’ separation if both parties have not provided written agreement to the divorce.

(3) Adultery, which means that the petitioner’s spouse had sexual intercourse with a third party. It is not possible to rely on this ground if the parties to the marriage continued to live together for six months or more after the petitioner discovered the adultery.

(4) Unreasonable behaviour, which means behaviour making it unbearable for the petitioner to continue their marriage to their spouse. Domestic abuse, including emotional abuse, and alcohol or drug issues are commonly cited examples of unreasonable behaviour. It is important to note that this is a subjective test and many different behaviours could be classed as unreasonable.

(5) Desertion, which means that the petitioner’s spouse has abandoned them without good reason and without seeking their agreement. The period of desertion must be at least two of the past two-and-a-half-years.

Challenging a Petition

Whilst this is relatively unusual, anyone wishing to contest a petition, or who receives a defence to their petition, is best advised to seek legal advice if this hasn’t already been carried out.

Next Steps

Decree Nisi

Following the issuing of the divorce petition, and providing the petition is undefended, the court will grant a decree nisi when it is satisfied that the petitioner is entitled to a divorce. The decree nisi is the precursor to the decree absolute.

Decree Absolute

This is a legal decree that officially dissolves the marriage and frees each party to marry another person should they wish to do so. The decree absolute can be applied for after six weeks and a day have elapsed since the decree nisi.

If the petitioner fails to apply for the decree absolute within four and a half months of receiving the decree nisi, the respondent is able to apply instead.

More articles from Cordell & Cordell

About Barbara Johnson-Stern

Barbara Johnson-Stern is proud to be a London divorce solicitor. She works hard to continually improve the level of service and representation given to her clients.

One of the biggest and most important aspects of her work is being prepared.  As Abraham Lincoln said it, ‘If I had eight hours to chop down a tree, I’d spend six hours sharpening my axe.’ The vast majority of the work I do every day for our clients is sharpening the axe,” Ms. Johnson-Stern said.

“I think it’s essential that I’m prepared so that my clients are prepared to either reach a resolution or litigate. Preparation is essential in helping clients develop goals and develop strategy for how to reach those goals.”

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Feature Photo by Danielle MacInnes on Unsplash

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Cordell & Cordell

The Legal Landscape and Male Representation: A Q&A with Cordell & Cordell

Published on
Cordell & Cordell
Barbara Johnson-Stern, Partner at Cordell & Cordell

Divorce and family law is an area in which men are consistently faced with stereotypical views, and these all too often affect the outcome of family and divorce disputes.

When it comes to divorce and family law, where do men truly stand?

Is there light at the end of the legal tunnel or are males facing divorce proceedings always going to be tarred with the stereotypical brush that has historically played a role in divorce disputes?

The Divorce Magazine talks to Barbara Johnson-Stern, Partner and Head of Operations at Cordell & Cordell, a legal firm that focuses on the fair, legal representation of men.

We discuss the legal landscape, the obstacles faced by men fighting cases against female spouses and the challenges Barbara encounters on a daily basis.

How are men stereotyped during divorce proceedings in your experience?

In my experience, this varies, but the overarching stereotype I see time and time again is that men are ‘seen’ as not being interested or present in their children’s lives. They are also stereotyped as being more resilient than their spouses.

Finances also come into play here. There is a significant stereotype based on the perception that men’s financial needs are secondary to those of their former spouses, that they won’t be impacted as much as their partner and that they will recover financially without consequences.

There are also many stereotypes about children – especially that the mother ‘should be’ at home and that she does not have to contribute to the family in a financial sense.

How do you feel about these stereotypes?

These stereotypes are apparent and I see them a lot day to day. They are not only outdated, but they also communicate a sense of entitlement that I believe women can have throughout the entire divorce process.

I think that men are so aware that these stereotypes exist that when they come to the table, they lack hope and optimism and feel they are fighting a losing battle.

This should not be the case.

Could you comment on the female mindset when it comes to divorce cases?

Whilst everyone is an individual and this isn’t the case for all the women I have had dealings with, in my experience, women sometimes come with a strong belief that the only factor that will change as a result of a divorce is that their husband will no longer be in their lives.

Factors such as finances, housing, family set-up and support don’t seem to come into consideration. This can make it appear as though the she is entitled to a level of support regardless of the wider circumstances surrounding the divorce.

What obstacles are faced by men fighting cases against female spouses?

There are numerous obstacles faced by men who are battling proceedings with their female spouses. These range from the pressure they place on themselves to the obstacles they create for themselves by struggling to believe that they have a place in their children’s lives, which is absolutely not the case.

Men do tend to come to the table with the stereotypical notions that mothers are more important and better at raising the children.

These are clear and significant challenges which must be overcome and the stereotype around them needs to be quashed if we are to move forwards with family law and legislation surrounding divorce.

What frustrations do you regularly encounter in your position?

My biggest frustration, and one that I encounter regularly, is how we deal with domestic violence within these relationships and the stereotypes men deal with in these situations.

Our biggest failure towards men is how we deal with domestic violence allegations in divorce when, at times, the burden of proof can be so light.

We don’t shed light or challenge women in these situations. I understand the challenges that women face in these situations, but some men are being accused of so much without proof.

Where would you like to see the legal landscape shift to in the next 2–4 years with regards to men in divorce and child custody hearings?

What I would absolutely love to see is there no longer being a sense of shock when men gain custody.

I would also like to see maintenance being determined by the circumstances within the marriage as opposed to being controlled by the stereotype of women automatically being prioritised in the finances.

I strongly feel that a move towards a more appropriate, transitional maintenance award is required and we should accept that there are both females and men at fault. This shouldn’t be an uphill battle.

What direction would you like to see the legal landscape moving towards in the future?

I would like to see more men become divorce lawyers. I think this is hugely important. I haven’t looked at the statistics but I have noticed a lot more women picking family law.

I also feel we are eliminating and eradicating these very significant stereotypes case by case. We are trending in the right direction, so the more things change, the more we’ll find ourselves in a place where we have made real progress.

About Barbara

Barbara Johnson-Stern is Partner at Cordell & Cordell, which focuses on the fair legal representation of men.

Barbara works hard to continually improve the level of service and representation given to her clients and is licensed to practice law in England and the states of Colorado and Utah. 

 

Featured image photo credit: Fabiana Zonca You are my hero!!! via photopin (license)

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