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Stop the press....celebrity couple hit the front pages after unsightly bust-up in night club. Speculation is rife next morning with the "will-they/won't they" question. The weekly gossip magazines are rife with rumours - friends and other celebrities who've had only fleeting exposure to the marital difficulty give their view as to who is to blame. They are both seen dating other people and weeks later the divorce is announced.

This is very often the stage of the split-up where media coverage becomes difficult. Both parties are by this time likely to follow the advice of their PR team to be restrained and dignified, leaving media commentary in danger of drying up. The focus inevitably shifts to the divorce itself.

Contrary to popular belief however, the divorce process in England and Wales is no different for celebrities than it is for those who live their lives outside of the public eye. Very occasionally a celebrity may throw a glass or two of water over their lawyers, but in terms of procedure at least they have the same grounds on which to base their divorce, the same paperwork to complete and, broadly speaking, the same timescales to comply with. This does not stop the media from trying to sensationalise its coverage of the divorce however. In doing so, it is not uncommon to see a number of fallacies referred to, in relation to the divorce process.

The first that often arises is that there is some special kind of 'quickie divorce'. There is no such thing as a 'quickie divorce' as distinct from the normal divorce procedure. Unless a divorce petition is contested and goes to trial, which in reality seldom happens, the divorce will enter what is known in the Courts as the 'Special Procedure' list. In spite of its title, this procedure is quite normal in today's matrimonial courts, with the vast majority of divorces following this route, celebrity divorces included. This procedure takes up far less Court time and allows judges to deal with Decrees Nisi (the first stage of a divorce) in quick succession. By way of example, the Judge dealing with Thierry Henry's Decree Nisi in his divorce from Claire Merry disposed of 34 Decrees Nisi in a minute.

Reference is often also made in the media and elsewhere to the 'divorce going through' or 'becoming final' at Decree Nisi stage. Again, this is incorrect. The actual definition of Decree Nisi is a decision that is not binding until a further condition is met. The condition in the context of the divorce is that no new evidence or further information with a bearing on the divorce has come to light within 6 weeks and a day of the Decree Nisi being pronounced. Provided this condition is met, a Petitioner is able to apply for the Decree Absolute. Only when Decree Absolute is pronounced is the Divorce finalised.

It is advisable for many clients to hold off from applying for Decree Absolute at the first moment they are able to, since as soon as Decree Absolute is pronounced spouses will generally lose their rights to a widow's pension entitlement. They will also lose their rights to transfer or assign any tenancy of the matrimonial home under the Matrimonial Homes Act 1983.

The best means of ensuring that the procedure is followed correctly and in one's best interests is to approach a specialist family lawyer with a proven track record. The Family team at Stephens Scown are consistently ranked in the top tier of law firms in the South West for family work in both industry guides, Legal 500 and Chambers & Partners.