Rainscourt Family Law Solicitors

Why Should I File For Divorce First?

If your marriage has broken down beyond repair, who should take the first step towards divorce? In most cases in England & Wales, it is better to be the spouse who starts the divorce process. Here’s why:

1. You will control the timetable

You will choose when the divorce petition is first sent to the court and when you apply for Decree Nisi.  You will therefore have control of the timetable, and you will not be in the position of chasing your spouse to take the first step in the divorce.  Ultimately, you can find that your spouse has the option of slowing down your divorce process if they are in control of the timetable.

2. You will choose the court venue

You will be able to choose which Divorce Centre the paperwork is first sent to.  The 11 divorce centres across England and Wales which process your divorce petition have widely varying levels of backlogs.  By making the correct choice at the start of the process, you will be able to ensure that your divorce petition is processed smoothly and swiftly. How Long Does a Divorce Take in London and the South East?

3. You will gain a costs advantage

If you are applying under the fact of “unreasonable behaviour” or “adultery” you will be able to make a claim against your spouse for recovery of your legal and court fees.   If you are receiving the petition, you may be required to pay the legal costs of your spouse. Who Pays the Legal Fees in a Divorce?

4. You will choose which facts are included in your divorce petition.

If you have been separated for less than two years, the divorce will only proceed under the “unreasonable behaviour” or “adultery” fact.  If you are issuing the divorce petition, you will be able to choose the details that are included in the petition.  Whilst it is always best to agree the contents of the petition with your spouse if that is possible, but ultimately, the person issuing the petition chooses what is contained in it. What Is Unreasonable Behaviour in a Divorce Petition in the UK

5. You can delay the Decree Absolute. 

In certain circumstances, it can be beneficial to delay the decree absolute. Read more here: Delaying the Decree Absolute application

Divorce First

An International High Noon Divorce by Samuel D. Ehrhart

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