Divorce
A divorce is a formal termination of a marriage.
Provided you have been married for at least one year either partner of a marriage can apply for divorce to the court in England and Wales. One party must have lived in England or Wales for at least the year previous to the divorce application. If you have married abroad and now wish to divorce then you can apply for a divorce in England/Wales but you must have been domiciled or habitually resident in England or Wales for one year to apply for a divorce.
You should also consider if there are alternatives to divorce before starting divorce proceedings. Perhaps, counselling or mediation may be of assistance to you.
Grounds for Divorce
There is only one ground for divorce and that is that the marriage has irretrievably broken down. The court will not need evidence of behaviour or apportion of blame. This is because the no fault divorce was introduced on 6th April 2022.
We can offer you expert assistance in either filing for divorce or responding to the application.
What happens next?
The Court is likely to issue the application and send it to the other party. There are certain rules that have to be applied in relation to how the application can be served. The process will take a minimum of 26 weeks.
Divorce has two stages:
Conditional Order - this is given by the court if they are satisfied that grounds for divorce have been established. This is the half way mark.
Final Order- this makes the divorce final. At this point the divorce is irrevocable.
How long will it take?
This depends upon the complexity of the divorce and whether parties are amicable throughout the process. It if they are, then it could take a minimum of 26 weeks. Where agreements relating to financial matters and children are required it can take much longer.
We can offer you expert assistance in ensuring that you are offered the best advice and realistic ways of settling your divorce. We can also guide you on any financial claims you may have or need to make in relation to maintenance, the matrimonial home any other assets.
How will it be resolved?
We will guide you on the best way to ensure that everything is dealt with and this can be by way of a written agreement with the other party or a consent order which we can draft for you in conjunction with your instructions.
Do you advise on issues relating to children?
We can provide you with comprehensive assistance about maintenance, how to apply, how much you should receive and any contact issues with your ex-spouse or partner.
Please contact us for assistance and representation and our Solicitors will provide you with our expert opinion on how to proceed.