Divorce

If you are contemplating initiating divorce; responding to a divorce petition or seeking better alternative lawyers for an ongoing case, whatever the circumstances might be having a good divorce solicitor on your side can make an enormous difference to your chances of success. If you think you may need our help, don’t delay, contact us today.

We can advise you on all aspects of UK divorce, separation of unmarried couples, dissolution of civil partnerships or nullity and judicial separation.

It is difficult at the beginning of a case to judge the timescale of a divorce although we are confident that we can advise you on an estimate at the preliminary meeting. Very often separate but related issues arising from the divorce will need to be resolved before obtaining the Decree Absolute/Final Order. Practical arrangements for the care of Children will also have to be resolved to satisfy the Court and it is very often the case that future Financial Arrangements between yourself and your former spouse should be settled prior to obtaining the Decree Absolute/ Final Order.

A Divorce Petition cannot be issued unless the couple have been married for more than one year. Although, it does not matter where you were married, it does matter where you and/or your spouse are living at the time the Petition is issued.

COHABITATION AND PROPERTY DISPUTES

‘Common Law Spouses’ is a popular misconception. It does not exist as a legal concept. When an unmarried couple plan to live together, it is sensible to consider a Cohabitation Agreement setting out the basis of ownership of assets. A Cohabitation Agreement sets out the contributions that each of you has made, how each of you will contribute to outgoings such as the mortgage repayments and bills on an ongoing basis and how they will be dealt with in the event of a relationship breakdown.

Cohabitation disputes can be complex since the law in this area is not straightforward. If you have a breakdown in your relationship and you are unmarried, this will limit the claims you can make in comparison to married couples.

Professional fees:

Normally, instructions in respect of No - Fault divorce are undertaken on the basis of an agreed fixed fee having consideration of the complexity of the matter and the level of expertise involved. All disbursements are additional such as court fee which is £593. If we are unable to agree a fixed fee, our standard hourly rate will be £300 plus VAT equating to £360 (if applicable).

Time scale:

Upon receiving instructions, we will complete the divorce application form to submit with the court. The court will review it and issue it to your spouse within 14 days. Your spouse will then need to complete the Acknowledgement of Service and return it to the court. The no-fault divorce law introduced a new minimum period of 20 weeks waiting period from the start of proceedings which must elapse before the Conditional Order can be applied for. Following the approval of your Conditional Order, you will need to wait a further mandatory six weeks before applying for the Final Order.

We shall keep you informed of the progress of your matter throughout the entire application process.