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Divorce Law & Dissolution

It is a sad fact that in England and Wales half of marriages end in divorce. However, with less than 1% of cases being defended, it means they are being dealt with as a paper exercise only. Our aim is to help you navigate your way through divorce and dissolution law procedures. We set out the basics you have to know and also have a more detailed procedure chart.

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Divorce or Dissolution?

What is a Divorce or Dissolution?

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 future ex.

When can you apply for a Divorce or Dissolution?

You cannot Petition for Divorce or Dissolution within the first 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.

What are the grounds for Divorce/Dissolution?

There is only one ground of divorce/dissolution, namely irretrievable breakdown of marriage/partnership. This must be shown by proving one of the following facts:

Of these only adultery and unreasonable behaviour are regarded as "fault based" grounds, however when it comes to dealing with the finances and the arrangements for the children, the reason for the Divorce or Dissolution is generally irrelevant.

Most Divorces and Dissolutions are dealt with nowadays by consent. This means both parties accept the marriage/partnership is over and they are going through the procedure to have this confirmed. Unfortunately we do still come across cases where an awkward ex is determined to do everything they can to frustrate the other person. In these cases an experienced solicitor like Routh Clarke is key to “encourage" co-operation. We offer a fixed fee service on all Divorces/Dissolutions not requiring court hearings (and most do not).

We can help - call us today on 01935 823883