So-called 'quickie divorces' for high profile celebrities are
little more than a myth which is misleading the 'man in the
street', according to Nottingham family lawyer Angela Davis of
Nottingham law firm, Berryman.
"It is often suggested that celebrities have obtained 'quickie
divorces'," says Angela. "Most recently we have been told how Katie
Price and Peter Andre's marriage and that of Adrian Chiles and his
wife Jane Garvey have been brought to an end in record time - in
the case of Adrian Chiles it is reported the court hearing lasted
83 seconds!
"There is however a common misconception that a quickie divorce
exists; the reality is that there is no such thing.
"In every divorce in England and Wales, divorce is based on
irretrievable breakdown, which has to be evidenced by one of five
different facts - namely adultery, unreasonable behaviour,
desertion, two years separation coupled with consent or five years
separation. However, regardless of which fact is relied upon the
procedure is identical. Provided the divorce is undefended, that
there are no unusual complications and everyone involved acts
reasonably promptly throughout, divorce usually takes in the region
of five to six months from start to finish. There can be regional
variations across the country depending how busy particular courts
are."
Despite claims in the media, Peter Andre and Katie Price have
only just finalised their divorce, whilst Adrian Chiles and Jane
Garvey are not yet divorced. Angela explains: "In both cases,
the initial hearings mistakenly referred to as signalling the end
of the marriages were in fact hearings to pronounce their 'Decree
Nisi'. This is usually the only part of the divorce process which
happens in open court - open to the media and members of the public
generally.
"In practice such hearings are little more than a formality and
usually involve a list of names being read out - the names of all
the couples being granted Decree Nisi on the particular day. It is
correct to say that such hearings are quick - they are usually over
and done with in a matter of a few seconds. However, the Decree
Nisi is only really the halfway stage in the divorce process and
the marriage is not brought to an end until one of the parties
applies to the court for Decree Absolute."
The party instigating the divorce proceedings has to wait until
six weeks and one day have elapsed from the pronouncement of the
Decree Nisi before they can apply for the Decree Absolute whilst
the party on the receiving end of the divorce must wait a further
three months from that stage before they can apply for the Decree
Absolute.
"The six weeks and one day period is fixed," explains Angela.
"Only in the most exceptional of cases can a separate application
be made to reduce the six weeks and one day time period.
Circumstances where the court might approve a reduction could
include where one of the parties is anxious to remarry because a
child is about to born and they want the child to be legitimate, or
where one of the parties to marriage wants to remarry and he or she
or their partner to be has a terminal illness.
"In all other cases the six weeks and one day waiting period is
compulsory. In practice however even then it is often wise to
deliberately postpone the application for Decree Absolute until
such time as financial matters have been addressed. Anyone
contemplating applying for their Decree Absolute should seek legal
advice first as in certain situations their financial entitlement
could be affected," she warns.