What are grounds for divorce?
To obtain a disassociate you need to demonstrate to the court that the marriage has broken down irretrievably. This needs to be for one of the comply ‘ facts ’ :
- That your spouse has committed adultery
- That your spouse has acted in such a way that it is unreasonable for you to be expected to continue living with them
- That your spouse has deserted you for two years
- That you and your spouse have lived apart for two years and your spouse consents to the divorce
- That you and your spouse have lived apart for five years, whether or not your spouse consents to the divorce
As of April 2022, the newly no-fault divorce law will remove the necessity for fault or blame from the divorce summons .
How do I start a divorce petition?
The first thing to do is to contact us. We ’ ll explain the divorce work and be able to advise on all the decisions that need to be made, adenine well as how long things are probable to take .
Petitioning for divorce is the first step in the work. This is where you apply to the court to file for divorce. precisely where and how you do this may depend on where you are living, and we will be able to advise on the best options. You ’ ll include your grounds for disassociate, supported by one of the five ‘ facts ’ set out in the previous question.
You can complete the divorce prayer form on-line ( or we can do this for you ). In this, you ’ ll include details of the date of the marriage, the address where you last lived together as a couple, the present addresses and occupations of both parties, the names and give birth dates of any children, details of any former court proceedings relating to the marriage or place and the fact being relied upon demonstrating that the marriage has irretrievably broken down. You ’ ll besides include a request for the marriage to be dissolved and if you wish the court to decide matters concerning children, money and property .
How do I reply to a divorce petition?
We understand that being served with divorce papers can come as a shock. If this happens the first thing to do is to contact us. We ’ ll explain the divorce march and be able to advise on all the decisions that need to be made, a well as how farseeing things are likely to take .
If your spouse has filed for divorce, you will need to decide how you want to respond. You can agree with the divorce, ask for amendments, defend the request ( if you don ’ t agree with it ) or charge for your own divorce .
not responding will not stop the divorce from progressing .
I’ve just been served with divorce papers, what do I do?
If you have not so far taken legal advice, it is authoritative to do so cursorily to best protect your interests, as there are time limits involved .
once we have reviewed the papers that have been served upon you, we will explain the disassociate action and provide you with tailored advice on your options and likely costs .
not responding or ignoring the papers will not stop the divorce from progressing, but it could impact on the costs a court may orderliness you to pay .
What are my rights in a divorce?
You have some basic rights enshrined in law regarding divorce. You will be legally entitled to a disassociate provided you have been married for at least one year, meet the jurisdiction requirements and can prove one of the five facts outlined above. It is authoritative to consider carefully which of the five facts to proceed with, particularly if you think your spouse may not consent to the divorce. We can advise you on your specific circumstances and how best to proceed. occasionally we may even recommend using more than one of the five facts .
If there are children of the class then The Children and Families Act 2014 introduced the presumption that, unless the reverse is shown, the continue participation of a parent in a child ’ south biography will be beneficial to that child. We can guide and represent you in order that the best arrangement potential can be put in place to ensure the ongoing social welfare of your children are met .
With regards to a fiscal colonization on divorce, the court seeks to be bonny, which can frequently mean a 50/50 cleave of the marital assets, unless needs mean one party has a claim for more.
Once we are fully mindful of the extent of your marital assets, we will provide you with detailed advice on what entitlements you will have. This will enable you to confidently move forward in either agreeing a colonization with your former spouse, or in issuing court proceedings to secure your interests .
How long does a divorce take?
As a general rule, if your divorce is uncomplicated and you are in agreement, it could take vitamin a little as six months to complete. If you need to resolve matters relating to finances, children, businesses or property, this could take longer. The average divorce in the UK takes a class to complete and to agree a fiscal colony, but can be equally short circuit as 4 months if agreement is reached quickly .
Our lawyers will do their best to work to your timeframe, however, you can be convinced that we will constantly work hard to deliver the best results possible for you and your syndicate .
How much does a divorce cost in the UK?
We are committed to being clear at the beginning with clients as to what they will pay. With this in mind we offer a hardening fee for certain divorces .
If your disassociate is uncomplicated and uncontested, is not international, does not involve children or fiscal issues then we offer a sterilize fee disassociate, with costs starting at £999 inclusive of VAT. This is subject on your spouse being available. In addition to this fee, you will be responsible for the motor hotel fee which is presently £595. Any extra disbursements such as obtaining a translation of your marriage security are not included in the pay back fee .
How much does a contested or complex divorce cost?
Each disassociate is different, and the price can vary greatly, depending on your circumstances, their complexity and the approach of your spouse and their legal team .
With one of the largest disassociate police teams in London, we are able to support even the most complicated divorce in a virtual and cost-efficient manner. We will build your legal team to suit your needs and budget and, if a fix fee rate is not feasible, we will intelligibly explain the basis of all legal costs. There will be no hide costs or cruddy surprises .
Is it different for a same sex marriage or civil partnership?
Ending a like sexual activity marriage or civil partnership involves very similar steps and rights as ending a heterosexual marriage. The independent remainder is that one of the five ‘ facts ’ discussed above is not available, namely adultery. All other ‘ facts ’ can be used and an intimate physical relationship with another person can be cited in a demeanor petition .
Is there an alternative to divorce?
Yes. Some clients are not keen to proceed with a divorce for versatile reasons, from it not being the veracious time to deeply held religious beliefs. Whatever the reason we can help find you an alternate option to best suit your necessity, for example :
- An annulment may be possible, depending on the circumstances, but these are rare and it is necessary to prove your marriage is either evacuate or rescindable ;
- A judicial separation could provide you with similar legal remedies as a divorce, but it does not dissolve the marriage ; or
- A separation agreement will deal chiefly with the division of marital finances and can besides enable you to proceed with a square disassociate in the future, knowing the fiscal side has already been settled .
- Mediation is a process where the mediator helps the parties identify the issues in dispute, explore how they might be resolved and, crucially, help them arrive at a mutual agreement.