Our family lawyers understand that going through a divorce or separation can be very stressful. At such a difficult and emotionally challenging time, having clear and pragmatic support can be invaluable. Our Lawyers are trained to make the journey as smooth as possible, whilst, ensuring that your interests and those of your family including any children are protected.
Our aim is to help you resolve the consequences of the breakdown of a marriage or relationship through discussion and negotiation and ultimately avoiding the need for you to become involved in costly litigation.
A couple can only start divorce proceedings if they have been married for more than one year. As the law presently stands, there is only one ground for divorce: you must show that your marriage has “irretrievably broken down”.
In addition, it is necessary to prove one of the following five facts:
- Your spouse has committed adultery (this does not apply to civil partnerships)
- Your spouse has behaved in such a way that you cannot reasonably be expected to live with them.
- Your spouse has deserted you and you have lived apart for more than two years.
- You have lived apart for more than two years and your spouse consents to the divorce.
- You have lived apart for more than five years.
The proceedings will take approximately six months to conclude. You are free to re-marry upon receiving the Decree Absolute.
Financial matters can be resolved either before or after the Decree Absolute.
Divorce Petitions are drafted as per your wishes and our experienced team of Lawyers can guide you through the whole process.
Deed of Separation
If you and your spouse have agreed issues, a Separation Deed or Agreement can be drawn up and concluded between you. This is a contract between the husband and wife which deals with all aspects of the separation by agreement.
We can draft the agreement and obtain the approval from your Spouse and or their Solicitors. We offer a free initial consultation to advise you and all discussions can be done remotely, either by telephone or video conference.
The current law provides that married parents both have parental responsibility for a child and will share decision-making. From December 2003, unmarried fathers whose name appears on the child’s birth certificate have automatic Parental Responsibility.
The Courts do encourage parents to resolve any differences regarding their children whether it is childcare or financial, rather than imposing Orders upon them. Unfortunately, when parents cannot agree over arrangements for the upbringing of their children, our experienced Family Law specialists can advise you on the following applications which can be made under the Children Act 1989:
- Child Arrangements Order
This Order determines the parent with whom the child will live and/or what contact they will have with the parent or other family members with whom they are not living.
- Prohibited Steps Order
This is an Order obtained to prevent certain things happening to the child, for example, an Order preventing the child from being taken abroad by one parent.
- Specific Issue Order
This is an Order seeking the Court to decide upon important issues regarding a child’s upbringing such as education, religion, finance or change of surname.
In most cases, before issuing proceedings, there is a requirement for parents to attend at mediation but there may be cases in which mediation is not suitable. If an agreement cannot be reached, then the Application to the Court needs to be made.
The process involves a preliminary hearing before the Court and, if agreement cannot be reached at that time, the Judge will give directions requiring each party to file statements detailing their side of the case. If, after further investigation, an agreement cannot be reached, a Court will then consider all the evidence together with the report and make a decision after a Full Hearing.
How can we help you? Please call us on +44 (0) 0345 459 0007 to arrange a mutually convenient time to discuss how we can assist you. Alternatively, Email us on email@example.com* or click here to complete our Free Online Enquiry Form. We will have a chat about your needs, you can ask us any questions you have and we will be happy to have a No Cost or Obligation initial chat with you which we are sure you will find useful.
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