Divorce & Civil Partnership Dissolution
Divorce in England and Wales is based on the irretrievable breakdown of the relationship.
Grounds for Divorce or Civil Partnership Dissolution
Both processes are based on the irretrievable breakdown of the relationship, with no allegation of fault. Both require a minimum of one year to have passed since the marriage or civil partnership.
Eligibility for Divorce Including Same-Sex Marriages Abroad
In divorce cases, you may be able to proceed, even though the marriage (including same-sex marriage) took place abroad, if it is legally recognised in England and Wales.
Steps and Duration for Divorce Proceedings
The process takes approximately 6 to 7 months, and you can apply jointly or separately. If there is any doubt about your partner’s agreement, we advise the sole application. This means that you will have to pay the court fee and any solicitors costs yourself rather than sharing them, but this is a modest price to pay to ensure the process goes ahead without unnecessary delay. There are two steps in obtaining the divorce – the conditional order and the final order. You are not divorced until the final order is made, but the court can approve or impose a financial order after the conditional order of divorce.
Handling Child and Financial Disputes in Divorce
The divorce itself does not deal with child or financial disputes. For those, you will need a separate order and we advise that a final decree of divorce should be adjourned until the financial order has been made.
Resolving Children Disputes in Divorce Cases
Children disputes as to contact and principal residence are dealt with separately and can be extremely lengthy. However, if the parents are in agreement, there is no need for any order.
Managing Child Maintenance Disputes
Child maintenance disputes have to be dealt with through the child maintenance service in most cases, although a preliminary agreement which is binding for one year can be recorded in the financial order.
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“Just a note to say a huge thanks for all your hard work in getting me through the divorce and ongoing case with the children and their father. I have really appreciated all the times you have supported me and would have no hesitation in recommending you and your services.”
– Sally