Divorce

Divorce is difficult for those involved and often emotions can be highly charged.  Should you be contemplating divorce, the following information may assist you.

In order to obtain a divorce, you must first have been married for a minimum of 12 months.  You must also be able to demonstrate that your marriage has suffered “irretrievable breakdown” by proving one of the following facts:

  • Adultery
  • Unreasonable behavior
  • Desertion for two years
  • Two years separation with consent
  • Five years separation without consent

The procedure for obtaining a divorce is usually straightforward and is paper based from the issue of a divorce petition to decree nisi and then to decree absolute when the divorce becomes final.  You probably will not have to attend court unless arrangements for the children cannot be agreed and require the intervention of the court before the decree can become absolute.  We can help ensure attendance at court is unlikely to be necessary.

Providing the divorce goes ahead as undefended, the timescale from start to finish is usually about 4 to 5 months.

The court fees payable to Her Majesty’s Court Service in respect of divorce proceedings are as follows:

  • Divorce Petition fee £550.00
  • There is no fee for Decree Absolute unless original application for Divorce was sent to court before 1st July 2013 in which case it is £45.00

It is also a requirement that your original marriage certificate will have to be sent to the court along with your divorce petition.  We cannot proceed without it and should you be unable to locate it, a certified copy will have to obtained from the Registrar of Births, Deaths and Marriages where the current fee is £12.50.

Our family law department offers a highly skilled team of matrimonial lawyers who deal with divorce daily.  We will advise you on the most cost effective and efficient way of proceeding with a divorce in the circumstances of your case.  Our lawyers do understand that divorce can be an emotionally testing time for all of those involved; we are there to shoulder the burden for you so you can begin re-building your life.

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