DIVORCE
Divorce / Separation
The breakdown of a relationship or marriage is an understandably difficult time for any person.
However with expert advice and guidance, you can understand your options and be advised on the best way forward to ensure that your concerns are addressed.
I can arrange a consultation with you, where we can discuss your concerns and I can advise you on the options open to you, with a view to finding a solution for you.
What is the procedure?
Divorce proceedings can be started 1 year after the marriage ceremony took place.
There is one ground for divorce which is that the marriage has irretrievably broken down and there is no chance of reconciliation. This means that the marriage has come to an end and that you and your spouse believe that you will not get back together.
There are five reasons upon which a divorce can be based, once the above ground has been established. These are:
a) Adultery
b) Unreasonable behaviour
c) Desertion
d) Two years separation by consent
e) Five years separation
You must be able to establish one of the above reasons to confirm that the marriage has broken down. Sometimes there may be a combination of reasons and it is best to discuss which of the above reasons would be best in your circumstances with a Solicitor.
Once a reason as been established, a petition would be drafted by your Solicitor and sent to the Court to be issued.
There is a Court fee of £550 to issue proceedings. It may however be possible to apply for a ‘Fee Remission’ to be exempt from paying the fee entirely or in part. This is decided by the Court and requires an assessment of your financial circumstances.
I also have experience in issuing proceedings for nullity proceedings, which is an application to confirm that a marriage is void or voidable. Please contact me if you require further advice concerning the above.
I offer a fixed fee divorce service which means that there is one set fee to complete the divorce proceedings to include all meetings relating to the divorce and the completion of all documentation.
Myths
From experience there have many occasions whereby clients have been misinformed about divorce proceedings which I will address below.
‘Automatic Divorce’
There is no such option as an automatic divorce. I have on many occasions been misinformed by clients that if they have lived a part for a number of years, they will be automatically divorced. Unfortunately this is untrue and the only way to legally end a marriage is either by divorce or Nullity proceedings..
Common-Law Marriage
If two parties have lived together for many years, but have never married, they may believe that they have a common-law marriage and that they therefore have the same legal rights as a married couple. This is untrue as there is no such marriage and you would be deemed as having cohabited during the length of your relationship.
There would be no need to pursue divorce or separation proceedings, however legal advice should be sought to consider a parties beneficial interest or rights concerning financial matters.
