Divorce/Dissolution

It is a sad fact that England and wales have the highest divorce rate in Europe.   However, less than 1% of cases are defended, with the majority being dealt with as a paper exercise only.

A Divorce is the formal end of a marriage and it requires specific steps to be taken correctly to be achieved.  The civil partnership alternative to Divorce is known as Dissolution and follows the same procedure.  Get the paperwork wrong and you could fail to obtain a Divorce or Dissolution.  Even worse, you could find yourself having to pay any costs incurred by your ex.

You cannot Petition for Divorce or Dissolution within 1 year of the marriage/civil partnership.  The only way you can end a marriage/civil partnership within that year is by having the marriage or civil partnership held void.  There are very limited grounds upon which you can apply for this and it can have a dramatic effect on matters, as it means that the marriage/partnership is treated as though it never happened.

There is only one ground of divorce/dissolution, namely irretrievable breakdown of marriage/partnership.  This must be proven by proving one of the following facts, namely adultery (not for dissolution), unreasonable behaviour, separation for 2 years by consent, separation for 5 years without consent or desertion.  Of these only adultery and behaviour are regarded as "fault based" grounds, however when it comes to dealing with the finances the reason for the Divorce or Dissolution is generally irrelevant.

Most Divorces and Dissolutions are dealt with nowadays by consent.  This means that the parties accept that the marriage/partnership is over and they are going through the procedure to have this confirmed.  However, we still come across cases where the awkward ex is determined to do everything they can to frustrate the other person.  Often this can be as a result of having an inefficient or inexperienced lawyer who does not know how to "encourage" co-operation.

We are very experienced in these matters and offer a fixed fee service on all Divorces/Dissolutions that do not require hearings (and most do not).  For further help and assistance call us on (01525) 373322 or e-mail us.