If your marriage has broken down and you’re facing divorce, you may feel upset and worried about the future. So it helps to have an expert team of divorce solicitors in your corner.
We know that you’ll have concerns about things like spending time with your children, or how your wealth will be divided. Our lawyers will make sure that your best interests are taken into account during divorce proceedings, looking at your needs both now and in the future.
For a consultation about your divorce, call us on 0345 604 4911, or contact us online.
What Are The Grounds For Divorce?
In the UK, there is only one ground for divorce: the “irretrievable breakdown of a marriage”.
But to prove that a marriage has broken down, you must be able back it up with one of the following five reasons:
- “Unreasonable behaviour”
- Adultery
- Living apart for two years (and both partners agree to the divorce)
- Living apart for five years
- Desertion for at least two years.
If you’ve been married for less than a year you can’t get divorced but you might be able to apply to have your marriage annulled.
What Happens About Our Finances On Divorce?
Finances are dealt with separately from the divorce itself.
The aim is to achieve a fair outcome looking at all the circumstances of the case and taking into account each partner’s resources. These include:
- Properties (including the family home)
- Savings and investments
- Pensions
- Income
- Business interests
- Financial commitments.
Do I have to go to Court to Get Divorced?
It’s very unusual to have to go to court in person for the divorce itself.
In relation to financial matters it is often possible to avoid going to court and to reach a settlement through a process such as:
Our divorce solicitors are expert negotiators. We also have qualified collaborative divorce lawyers within our team.
However, if an amicable settlement isn’t possible, our lawyers will support you through any court appearances and fight for a fair settlement for you.
How Long Does It Take To Get Divorced?
On average it takes between 6-8 months to get divorced. However, this depends on factors such as:
- How far you and your partner agree on things such as finances
- How quickly paperwork is returned.
While we understand that you’ll want the divorce process over as quickly as possible, it’s important not to rush into any hasty decisions. Our divorce solicitors will work hard to ensure your settlement is fair, and allows you to move on with your life.
How Much Does A Divorce Cost?
The amount that your divorce will cost depends on how much work is needed to negotiate a settlement with your ex-partner. In general, your divorce will cost more if there are major disagreements and if you have to go to court.
Where you and your ex-partner are not contesting the divorce, we offer a fixed-fee option. This costs £264 if you’re responding to a divorce petition, or £660 if you’re petitioning for divorce. These prices exclude standard court fees, which you’ll need to pay separately.
The cost of dealing with the financial part is separate from the divorce. Your solicitor will give you an estimate at the start, based on your particular circumstances.
Why Choose Our Divorce Solicitors?
Our lawyers are expert negotiators who will work hard to fight your corner. With offices in 15 locations around the country, we can help you wherever you’re based.
We have particular experience in divorces involving high net worth individuals and people with business interests. If you hold assets overseas, or you or your partner live abroad, we can help you negotiate the added difficulty this can cause.
As pioneers in the legal sector, work by our leading lawyers has changed family law. In October 2015, we helped two women to challenge their divorce settlements at the Supreme Court, on the basis that their husbands had been dishonest about their financial circumstances. This successful challenge led to a change in the law.
Contact Us
To find out how we can help with your divorce, please call us on 0345 604 4911, or contact us online.
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What Are The Grounds For Divorce?
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There is only one ground for divorce: an 'irretrievable breakdown of the marriage'. This is proved by any one of five facts:
- Unreasonable behaviour – Conduct by you or your partner deemed sufficient to cause the irretrievable breakdown of your marriage
- Adultery – Defined as voluntary sexual intercourse between a married person and a person who is not their spouse
- Living apart for two years (and both partners agree to the divorce)
- Living apart for five years
- Desertion for at least two years – Desertion takes place when one partner leaves the other without their knowledge or agreement.
Usually, the grounds for divorce and the guilt of either party won't have an impact on your financial settlement or the arrangements made for you children, but this is decided on a case-by-case basis.
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What Is The Process?
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There are seven stages to the divorce process:
- A divorce petition must be filed with a court by you or your partner. Whoever does this is known as the Petitioner, with the other party referred to as the Respondent
- The court sends the divorce documents to the Respondent
- The Respondent files an Acknowledgement of Service – this includes answering questions such as 'do you intend to defend the case?' and 'do you agree with the ground for jurisdiction?'
- The Petitioner applies for decree nisi - an order by a court stating the date on which a marriage can end, unless a good reason not to grant the divorce is produced
- The court sends out a Certificate of Entitlement confirming the date on which decree nisi will be pronounced
- The court grants the decree nisi and sends a copy to both of your solicitors
- The Petitioner applies for a decree absolute after six weeks and one day has passed from decree nisi being granted. This decree is a final order from the court that officially ends the marriage, allowing each party to remarry. The Petitioner can delay in making the application for example if financial arrangements have not yet been finalised.
See our Guide To The Divorce Process for more details of these stages.
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How Long Does It Take?
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How long it takes to process your divorce depends on a number of factors. If you are able to quickly come to an agreement with your partner without having to go to court, the whole process could be completed inside 6 months. However, if you find it difficult to reach an agreement, have a lot of issues to resolve, or need to have things put before a court, it can take much longer - sometimes up to 2 years.
Every case is different, so to get an idea of how long your divorce might take it is important to get expert advice. We can give you an estimate of how long it will take at our first consultation. To set one up, call us today on 0345 604 4911 or contact us online and we’ll get back to you as soon as possible.
