Separation and Divorce
Separation and divorce will probably be the most stressful legal procedures you experience throughout your life and can be a sensitive and complex process. Detailed below are Frequently Asked Questions (FAQ’s) for this area of law.Q. My partner has left me, can I apply for a divorce?
Either the husband or wife in a marriage can apply to the local county court for a Divorce. Normally one year has to elapse from the date of the marriage.
Clarkes can assist in the following:
- Preparing divorce papers and advising other proceedings such as claims for maintenance, transfer of property, lump sum orders or residence and contact issues for children.
- Step by step advice at all stages, whether you are the petitioner (bringing the case) or the respondent (replying to the petitioner's paperwork).
Q. What must be proved before I can be granted a divorce?
Before a Divorce or Judicial Separation can be granted the court has to be satisfied that the marriage has "irretrievably broken down'. This is proven by one of five facts:
1. Adultery - the other person has committed adultery and that you find it intolerable to live with them.
2. Behaviour - the other person has behaved in such a way that you cannot reasonably be expected to live with them.
3. Desertion - the other person has deserted you for a continuous period of two years.
4. Two Years Separation - the two of you have lived apart for a continuous period of two years immediately preceding the presentation of the petition and that the other person agrees to be divorced.
5. Five Years Separation - the two of you have lived apart for a continuous period of five years. No consent is required.
Clarkes can advise which facts best apply to your particular case. We can advise on defending a petition for Divorce where appropriate.
If the court is satisfied that the facts apply in your case, the judge will grant a decree nisi unless there are appropriate grounds for defending the case. Every case is different, but this procedure usually takes about four to six months. A period of six weeks then has to elapse before the court will pronounce the decree absolute, which finalises the Divorce and is irrevocable.
Q. What about the arrangements for the children?
During the divorce proceedings the welfare of the children is paramount. The court has to be satisfied with all of the arrangements for the children before it will pronounce the decree absolute.
These arrangements will include deciding where the children will live, what contact the absent parent will have with the children and what financial orders are necessary for the children and for the parent with whom they will live. The court will also need to ensure reasonable provision for the absent parent.
It is always best to try to keep the channels of communication open as much as possible where children are concerned.
Q. I want a divorce can Clarkes help?
Yes we can. We will explain the divorce procedure to you step by step and help you to make sense of the various documents and court forms. In appropriate cases, we can put you in to touch with a mediator who may be able to help you reach an amicable settlement and even save you legal fees.
Q. I have received a divorce petition, what should I do?
Don't delay - get in touch with Clarkes as soon as possible. If you have received a divorce petition from your husband or wife, we will review it with you and explain what every part means. We can also help you complete the forms which must return to the court. If you plan to defend the proceedings we can discuss this with you as well.
Q. I don't want a divorce, but we cannot carry on living together. Can Clarkes help?
Yes we can. There are other options open to you apart from starting divorce proceedings which can be explained to you. We can also help you prepare any documents that may be needed to record the separation.
You may need advice on finance and children if your relationship has broken down or if there has been domestic violence. We can help with these matters as well.
Q. How long will it all take?
There are no set time scales as each individuals circumstances are unique. Generally the most straight forward divorces take about four to six months. Sorting out complex financial disputes, especially where houses or business assets are involved can take much longer.
However, we will treat you as an individual and make sure that you are kept informed at every stage. No decisions about your case will be taken without your agreement.
Q. How much will it cost?
Clarkes will provide full details of costs and how these are calculated at the first meeting before any legal work is undertaken. You may be eligible for Legal Aid with your expenses paid from public funds.
Alternatively, we will provide you with our best estimate of how much your matter will cost overall, how long it will take and what to expect at the end of it. We will also discuss payment plans with and outline ways to pay your legal expenses over a number of months by instalments. You will of course be kept fully informed in writing of how much work has been carried out and how much more is likely to be necessary.
If you are eligible for Legal Aid you must provide information when requested by the Legal Services Commission. If a private client payment is required for legal fees in advance or at regular intervals during the progress of your case.
For expert legal help and advice on Separation and Divorce contact a member of our Family Law team or call Clarkes on 01952 291666.
