If your marriage is in difficulty, you may be contemplating divorce, or your spouse may have asked for a divorce but you’re not sure if that’s what you want.
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 marriage ending, we recommend you speak in confidence with our Relationship Counsellor who can work with you to help you to deal with what has happened and how to move on, and he can help to support your children with what is happening.
To commence divorce proceedings, you must have been 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 5 facts:-
- unreasonable behaviour
- separation 2 years
- separation 5 years
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.
Whilst the divorce itself is administrative, the issues surrounding the ending of the marriage are often more complex and need to be dealt with sympathetically, fairly, and efficiently. Click here for more information on Financial and Children issues. For more information on this and other methods of supported negotiation, go to our How we do it section.
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 are likely to 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 goes up, we will need to increase the fixed fee proportionately.
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