We understand that the breakdown of any relationship is an upsetting and emotional time for all parties involved. Our team will be sympathetic and sensitive to your situation and we will assist you to achieve a swift and painless resolution of your differences.
It is important to separate the process of divorce from the issues of your children and finances, which will be dealt with separately by the Court. We offer a mediation service to advise you on the practical arrangements for your children, property, possessions and most importantly, your future. We will also advise you on complex financial cases including business interests, property disputes and child maintenance so you achieve the best outcome.
Do I need a new Will?
Yes. If you don’t have a Will and die before the divorce is made final, your estranged spouse will receive a substantial legacy. If you already have a Will you should review it. It may no longer accurately reflect your wishes.
How much does it cost?
The fee payable to the Court for starting divorce proceedings is £550. We will have considered whether you are eligible for legal aid and, if you are, you may not have to pay these fees, provided you complete a fee exemption form for the Court. We offer a fixed price divorce at £500 including VAT and you will have to pay the Court fees as above.
When can I get a divorce?
Once you have been married for one year.
Do I need to explain why I want a divorce?
Yes. In order to obtain a divorce you need to demonstrate to the Court that the marriage has broken down irretrievably. To do this you need to rely on one of the following supporting ‘facts’:
- That your spouse has behaved in such a way that it would be unreasonable for you to continue living with them
- That your spouse has committed adultery
- That you and your spouse have lived apart for two years and agree to divorce
- That your spouse deserted you at least two years ago
- That you and your spouse have lived apart for at least five years, whether or not you both agree to divorce
What happens next?
We will write to your spouse and explain that you are seeking a divorce and on what grounds in the hope that these can be agreed to reduce conflict at a later stage.
You will need to provide us with your marriage certificate and we will then draft a divorce petition.
Once you have checked and signed the divorce petition, we will send two copies to the Court, who will keep one set, and will send the other set to your spouse within about ten days. Your spouse then has 14 days to return to the Court an Acknowledgement of Service form, which the Court will then send to us.
You will need to sign a statement, which is evidence to the Court that what you have said about your marriage is true. We will check the documents again to make sure nothing has changed.
If your spouse doesn’t return the acknowledgement form, we need to prove to the Court that they know about the divorce. If this happens we will advise you further because this could delay the divorce.
A District Judge considers the Petition and if satisfied will write to us about the date when Decree Nisi will be made. This is normally within a month. The law provides two decrees to allow your spouse the chance to appeal. You must wait six weeks before we send the Court a request to obtain your final divorce decree (decree absolute). At this point you are single and free to remarry if you wish. However, you can stop proceedings at any time before Decree Absolute.W