The Legal Process

Solicitors play a vital role in guiding you through the process of seeking a Decree of Divorce. Your appointed Independent Family Law Solicitor will advise you on all matters in relation to the Mediated Agreement you have previously agreed upon and any Orders a Court may make when it is granting a Decree of Divorce.

In consultation with your Solicitor, you will discuss all aspects of your previously agreed Mediated Agreement and your Solicitor will seek to issue a Family Law Civil Bill and serve it on your spouse.

The Family Law Civil Bill will include an Affidavit of Means. This document will set out all income, debts, liabilities, pension info, and every day expenditure. The Bill will also include an Affidavit of welfare. This document contains information on dependent children and covers areas from living and access arrangements to any special education or health needs. Your Solicitor will advise you on the various implications of these documents.

The benefit of negotiating a Mediated Agreement prior to starting this process negates the need for opposing Solicitors having to engage in filing defences and counterclaims which will inevitably spiral costs and significantly expand the length of time the process will take.

If both parties successfully negotiate a fair agreement and neither spouse at any stage contest the Divorce, it may only take a few months to secure a Court date to rule on a Decree of Divorce. The program is structured to accommodate uncontested Divorces and any deviation from the program could reduce its impact and may raise legal costs.