What is the difference between a traditional legal divorce and Painless Divorce?

English law and the Court system has a set of rigid rules and regulations into which families must fit for their cases to be resolved if they can’t resolve them themselves. In a typical divorce there is a Petitioner who brings the case and a Respondent. The Petitioner has to apportion blame for either unreasonable behaviour or adultery unless there is a period of separation of two years and consent or separation of five years. Straight away the battle lines are drawn.

Depending upon the complexity of the case and the amount of contention, there will be numerous meetings, much form filling, disclosures, and case building. Once the judge has reviewed the paperwork, it takes at least six weeks for a Decree Nisi to be issued. During this time applications for financial remedies can not be made. Then the negotiations around finances and children begin. There is a huge amount of paperwork and form filing. There are hearings overseen by a district judge to agree child provisions. Having completed Form A, Form E and Form H, there will be the formal FA meeting between all parties and a judge. Often both sides employ both solicitors and barristers. Then there is the Financial Dispute Resolution hearing at court and if there is still no settlement, a Financial Hearing by another judge. This process typically takes two years or more and the costs are eye-watering.

In a Painless Divorce there are no visits to court, no applications to or hearings by a judge. The Decree Nisi and Decree Absolute are filed by your solicitors so you don’t go to court. The process is much faster, much cheaper (despite having the very best legal and financial advice) and most importantly removes much of the contentious antagonism and bitter emotions that are an inevitability of traditional divorce.

2016-10-16T19:54:11+02:00