We recognise the breakdown of a marriage can be an emotional and stressful event. We offer straight forward advice and support to help you make the right decisions for your individual situation and best outcome for your future.
To apply for a Divorce, you must have been married for at least 1 year. It doesn’t matter where in the world you married, but you can only apply for a Divorce in England and Wales if either you or your civil partner meet certain residence conditions or are domiciled here. You should speak to us about this if you are in any doubt.
The process is simple. After April 2022 there is no longer any room to allow a Respondent to defend an application for Divorce (except on the grounds of jurisdiction).
If you and your spouse are not in agreement regarding arrangements for any children of the family and/or finances these will be dealt with separately (but at the same time) from the Divorce process.
The document that starts the Divorce is called an application. The person starting the Divorce is called the Applicant and the other spouse is called the Respondent.
To start a Divorce, you must file an Application with The Family Court. After April 2022, it is no longer a requirement to state any basis for the application, save for the fact that the marriage has broken down irretrievably (it cannot be saved).
The minimum time a Divorce can take is 6 months. This is because the second stage in the Divorce cannot be reached until 20 weeks after the Application, and the final stage cannot be reached until 6 weeks after that. Resolving the financial matters connected to a Divorce can make the process take longer.
The cost of the divorce process can be an additional concern at a stressful time. We recognise this and offer a fixed fee scheme for such proceedings.
The information above is very general and non-specific.
In order for you to receive the best advice, we offer our client’s an Initial Consultation with one of our specialist Family Solicitors at a small Fixed Fee. At that consultation, one of our Solicitors will speak to you about your particular circumstances, and give you specialist advice on your situation. That advice will then be confirmed in writing afterwards.
If you would like to enquire as to a consultation, please do telephone our office.