Divorce Solicitors

We advise on all the legal aspects of relationship breakdown and can assist you in obtaining a divorce.

One of the first things to consider before you call a solicitor is whether or not your marriage can be saved. If it is clear that your marriage has broken down irretrievably, then that is the right time to seek specialist legal advice.

How do I show the court that the marriage has broken down?

In order to start divorce proceedings, the court needs to be satisfied that your marriage has broken down irretrievably and, by way of proof, you can rely on one of the following facts:

• Adultery
• Unreasonable behaviour
• 2 years separation with consent
• 5 years separation, no consent required
• Desertion

What is a ‘No Fault’ Divorce?

On 25 June 2021 the Divorce, Dissolution and Separation Bill received Royal Assent and became an Act of Parliament.

The new law is expected to come into effect in Autumn 2021 and will promote ‘no-fault divorce’, removing the requirement to assign blame in divorce petitions.

In the meantime, anyone wishing to divorce will continue to need to rely on one of the above-mentioned five facts.

What are the stages of the divorce process?

If you start the divorce process, you will be known as the Petitioner and your partner in marriage is referred to as the Respondent.

A divorce petition will need to be filed at court with a court fee which is currently £550.

Once the petition has been issued, divorce proceedings are deemed to have started.

Upon receipt of the Divorce Petition, the Respondent is required to complete an Acknowledgment of Service to confirm such receipt of the divorce papers and that the divorce will not be contested, should that be the case. In 99% of cases the divorce is not contested.

Thereafter, the Petitioner can apply for what is called the decree nisi, which is the half-way stage of the divorce process.

The Petitioner can then apply for decree absolute six weeks thereafter, and this will legally dissolve the marriage.

It is advisable not to apply for decree absolute until the terms of the financial settlement have been agreed and endorsed by the court.

The time scale for the whole divorce process from issue of the Petition to finalisation of all Ancillary Matters, is usually around nine to twelve months, although this can vary enormously according to the value of family assets to be distributed and the level of co-operation from the Respondent.

Who Can I Contact For Help?

We appreciate the strain on individuals and their families when divorce proceedings are contemplated. We are here to assist you to alleviate such difficulties and pressures.

Our experienced team can be contacted for a no obligation initial consultation at our offices in London, Birmingham and Manchester.

Alternatively, we provide initial consultations by telephone or video conferencing.

We welcome enquiries by telephone or email.

Contact:

Panay Vassiliou
pvassiliou@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888

Helen Holder
hholder@kangssolicitors.co.uk
0121 449 9888 | 0161 817 5020