Friday, 17 May 2013

There's no such thing as a 'quickie divorce'


Myleene Klass is the latest in a long line of celebrities reported to have completed a ‘quickie divorce’ by the press, with media quoting that it took just 100 seconds for a judge to end her marriage to former partner Graham Quinn.

While the media loves these stories, the reality is that there is no such thing as a ‘quickie divorce’.  So although Miss Klass’ marriage was officially ended in 100 seconds last week, it will have been months in the making.

Whether you’re a multi-millionaire celebrity or your average Joe the process of getting a divorce in England and Wales is exactly the same: 

The person seeking a divorce (the Petitioner) must prove that their marriage has ‘broken down irretrievably’. This can be done by providing proof of one of the following: adultery, unreasonable behaviour, two years’ desertion, two years’ separation with consent or five years’ separation.

For any of the above reasons, the Petitioner will need to provide examples to the court.

Once the divorce request, known as the Petition, is lodged with the Court the other spouse, known as the respondent, receives a copy of it from the court and is given seven days to contest or agree to the divorce.

Following this, the Petitioner can apply for the first stage of the divorce process – the decree nisi, which usually takes a couple of months, depending on the court. 

A judge will then pronounce it in court alongside a number of other cases – this is the part the media picks up on.  Then there will be a further wait of six weeks and one day before applying for the decree absolute.  Once this has been pronounced they are legally divorced and both parties will be issued with a certificate.

Finalising finances

It’s worth pointing out that the above process doesn’t include dividing a couple’s assets, which is often the more complicated and time consuming element of a divorce.  This is why the skills of a specialist family lawyer are most needed in order to complete the divorce successfully and protect their client’s assets.

The ‘quickie divorce’ simply doesn’t exist, but a great family lawyer will complete their client’s divorce efficiently, while always protecting their best interests.


Kerry Russell

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