Family Law and Divorce Solicitors
DIVORCE.
Relationship breakdowns are often a difficult and emotional time for all involved. It is helpful to know the facts before you make any decisions. Whether you have decided that your marriage is over, or are unsure of your future, our Specialist Divorce Solicitor can guide and support you through the process.
Require help from our Specialist Divorce Solicitor?
Who can start a divorce?
Either, or both spouses, who have been married for over a year can start the divorce process. This is provided that:
- at least one spouse has been domiciled or resident in England & Wales in the year immediately before the start of the divorce. It does not matter where the marriage took place.
- The ground for a divorce can be proved.
What are the grounds for a divorce?
There is one ground for a divorce in this Country. That is that the marriage has broken down irretrievably.
What are the facts used to prove a divorce?
This requirement was removed on 6 April 2022. ‘Facts’ are no longer needed to prove a divorce. Until 6 April 2022, the Petitioner had to satisfy the Court that there had been an irretrievable breakdown of the marriage, by proving one of five facts:
- The Respondent has committed adultery and the Petitioner finds it intolerable to live with the Respondent. (Adultery).
- The Respondent has behaved in such as way that the Petitioner cannot reasonably be expected to live with the Respondent. (Unreasonable behaviour).
- The Respondent has deserted the Petitioner for a continuous period of at least two years. This period must be immediately before the start of the divorce. (Desertion).
- Both spouses have lived apart for a continuous period of at least two years immediately before the start of the divorce. (Two-years Separation).
- Both spouses have lived apart for a continuous period of at least five years immediately before the art of the divorce. (Five-years Separation)
What is needed to prove the ground for divorce?
The Applicant (or Applicants on a joint application) must provide a statement confirming the marriage has broken down. The Court must then take this as conclusive evidence and must make a divorce Order. No further evidence is needed.
Are you unsure if you have can start a divorce?
What is the procedure for a divorce?
The procedure for divorce is straightforward. The difficulties tend to arise in resolving the related practical issues. Such as, how to separate, where to live, finance matters and arrangements for any children. These practical issues are usually resolved separately alongside the divorce process.
The divorce process can be started by either spouse (individually) or by both spouses (jointly).
Sole application.
Applications made by one party are referred to as a ‘sole application’. In a sole application, the person applying for the divorce will be known as the ‘Applicant’. Their spouse will be known as the ‘Respondent’.
Respondents are now not able to dispute whether the marriage has broken down.
The process takes place by ‘paper’ application. This is typically on the Court’s online portal.
There are limited circumstances where the Respondent can dispute the divorce. Our Specialist Divorce Solicitor has the expertise should this happen. Contact us to find out more.
Are you concerned that your divorce may be disputed? Call our Specialist Divorce Solicitor to discuss your concerns.
Joint applications.
Both spouses are now able to apply for their divorce together. They will each be equally responsible for the divorce. They will be known as ‘Applicant 1’ and ‘Applicant 2’.
This allows for a much more amicable divorce.
The process also takes place by ‘paper’ application. This is typically on the Court’s online portal.
Would you like to know more about the joint process? Call our Specialist Divorce Solicitor to find out more.
How can our Specialist Family Law & Divorce Solicitor help you?
Keats Family Law are experts in Divorce & Separation, and we are here to help.
There are several ways we can support you through your divorce. In the first instance, we recommend that you attend our initial Fixed Fee Appointment to discuss your options in full.
Thereafter, if you and your spouse agree to the divorce, we may be able to offer a Fixed Fee. This will cover the drafting of the Divorce Application through to obtaining the final Order (the Decree Absolute). Any additional work related to finances or child arrangements will then be charged separately.
Alternatively, if you would like to apply for the divorce yourself and seek assistance on an ad hoc basis only, or if your divorce is to be disputed, we will inform you of the likely fees at the outset.
Get in touch for advice and support on the divorce process.
In the meantime, have a look at some of our articles on divorce…
Other Resources.
If you are considering conducting the divorce yourself, you may wish to make use of the Court’s online divorce portal.
There is also a wealth of online information available to help support you alongside the divorce process. This includes the following websites: Advicenow; Gingerbread and DivorcedParents.
Testimonial.
What our clients say about us...
I would like to thank Gemma for her outstanding work on my case. Her expertise and attention to detail were tremendously valuable.