Our services: separation and divorce
A marriage is legally brought to an end by divorce. The couple need to have been married for at least one year to start divorce proceedings. There is only one ground for divorce – irretrievable breakdown of the marriage – but you must also prove one or more of five “facts”:
- Your spouse has committed adultery and you find it intolerable to live with them. This must be admitted or there must be evidence of the adultery, although it is not necessary to name the other party. If your spouse does not admit adultery, we would almost certainly advise you to use “behaviour” instead.
- Your spouse has behaved so unreasonably that you cannot be expected to live with them.
- Your spouse has deserted you and you have lived apart for more than two years. This is rarely if ever used.
- You have lived separately for two years immediately before the presentation of the petition and your spouse consents to a divorce.
- You have lived apart for more than five years immediately before the presentation of the petition. No consent is needed.
The most common ground used for divorce is behaviour. A small number of examples must be given to show a pattern of behaviour you find unreasonable. Simply growing apart is not sufficient. We can advise you on the most appropriate grounds for your circumstances and tailor your petition for divorce accordingly.
You will also need to provide information to the court about the arrangements for any children, including housing, contact and maintenance.
The first stage of the actual divorce is called the decree nisi and it is granted only when a judge is satisfied that there are proper grounds for a divorce.
The judge will also check that all financial issues and arrangements for the children have been agreed or are in the process of being resolved.
The court can make a number of orders relating to financial matters, which may include maintenance for your partner and/or children, a lump sum for your partner (and children, if necessary), a property adjustment or transfer of property order (such as selling the house or putting it into one person’s name) or giving you or your partner a share of the other person’s pension fund.
The final stage of a divorce is called decree absolute, for which you can apply six weeks and one day after the decree nisi. The whole process generally takes four to six months.
Separation
Separation may be used where a couple do not wish to divorce for religious reasons or where they have been married less than a year.
A separation deed can be drawn up, setting out all aspects of the separation and financial matters as agreed, or you can apply to the court for judicial separation.
The procedure is very similar to that of divorce but you will not be free to remarry afterwards. However, the court will be able to make financial orders.
Our costs
We generally work on an hourly rate, but can agree a fixed cost for a simple divorce of £600 plus VAT and disbursements (court fees) of £340.
If matters become more complex, for example if there is difficulty in proving that your spouse has been served with documents, which means further documentation must be prepared, this fee could increase. We would always advise you if this appeared likely.
These costs are for the divorce only and do not include work on finances or children’s issues.
The cost of separation agreements varies depending on the individual circumstances.
For further details or an appointment, please call:
- Michael Brady at our Cirencester office on 01285 654875
- Janice Leyland at our Gloucester office on 01452 508800.
