Divorce and Separation
The decision to divorce or separate is never easy nor one that should be taken lightly. We understand that this will be an emotional time which is why we will always try to deal with your situation sensitively. Whether your individual circumstances are straightforward or a little more complex, our experienced team will be able to combine practical and intelligent advice with decisive action to achieve the best results for you.
We can advise whether you have grounds for a divorce and on the law and process. The process is in theory very simple. However it can be a touch more challenging if you have lost a marriage certificate, were never issued with a certificate, if your spouse is untraceable or perhaps just downright difficult.
If you are the respondent to the proceedings we can assist and advise you on the implications.
You may be looking for a way to formally separate without dissolving the marriage and we can also advise you on Legal Separation. Finally, if there is any reason you think your marriage may be void we can advise you on nullity proceedings. In all the above scenarios we will go on to advise you on ancillary matters such as arrangements for any children and on financial claims.
Divorce in England and Wales is a reasonably straightforward procedure. The only ground for a divorce is on the basis of irreconcilable breakdown of marriage. This can be based on either adultery, unreasonable behaviour, desertion for more than 2 years, 2 years separation with the other party’s consent or 5 years separation. Unless basing the petition on 2 years separation you do not require the other party’s agreement.
Usually the divorce process takes between 3 to 6 months. Usually no court attendance is necessary during the whole process. We are experts in resolving problems such as where the other party cannot be found; or arising from foreign and international marriages.
We offer a fixed fee for a straightforward divorce which is £800 plus vat plus court fees. Court fees are currently £340 to issue your petition and £45 to apply for the final decree absolute. If there are complications then there will be additional charges and perhaps further court fees payable.