If your marriage is in difficulty, you are contemplating divorce, or your spouse has asked for a divorce but you’re not sure if that’s what you want, then speak with one of our friendly divorce solicitors today for advice and support.
If you’re unsure whether the finality of divorce is really what you want or if you need help to come to terms with your separation and the end of your marriage, we recommend you first speak in confidence with a relationship counsellor who can work with you to help you to deal with what has happened and how to move on. If you have children, a relationship counsellor can help you to support your children with what is happening.
To commence divorce proceedings, you must be married for more than one year, living permanently in England & Wales, and your marriage must be recognised as valid in the UK. You will then need to show a Court that your marriage has irretrievably broken down by establishing one of the following five facts:-
- Your husband or wife has committed adultery by having sexual intercourse with a member of the opposite sex.
- Your spouse has displayed unreasonable behaviour including physical or verbal abuse, drunkenness or not contributing towards shared responsibilities.
- Desertion where either you or your spouse left the relationship at least 2 years ago
- You have been separated for 2 years and you mutually agree to the divorce
- You have been separated for 5 years even if you or your spouse disagrees with the divorce.
In certain circumstances, you may be eligible for our Fixed Fee Divorce package. We will discuss this with you in full at your initial consultation, but for more information see DIVORCE250.
Please note that these fees may increase in the short to medium term, although no specific date has yet been decided by Her Majesty’s Court Service (HMCTS). If the fee does go up, we will need to increase the fixed fee proportionately.
The process of divorce is largely administrative, involving submitting the correct paperwork to the Court. Once the Final Decree (Decree Absolute) has been pronounced, the marriage is legally terminated and you are divorced. This will change your legal status, and may impact on your personal affairs in relation to such things as tax, benefits entitlement, and testamentary provision. Please speak with a member of our team to understand how your divorce may impact you.
Whilst the divorce itself is administrative, the issues surrounding splitting up and the ending of your marriage are often more complex and need to be dealt with sympathetically, fairly, and efficiently. Click here for more information on Financial issues and Children’s issues. You can find more information on how we can help and other methods of supported negotiation in our How we do it section.
If divorce is not an option because of, for example, religious beliefs, it is possible to obtain a Decree of Judicial Separation for the same reasons as you would a divorce but without having to prove the marriage has irretrievably broken down. For specialist advice on the process and the effects of Judicial Separation Contact Us.
For reaching agreement on financial issues when separating without divorcing (or Judicial Separation) see Separation Agreements
We also provide same-sex divorce and separation representation, as well as civil partnership dissolution, for members of the LGBTQ community. For more information, see Gay Divorce and Same Sex Separation.