Our services: divorce and separation
This information covers some of the key points of divorce and separation. For simplicity, we use "partner" to mean a husband, wife or civil partner and "married" to describe being married or in a civil partnership. We also use the world "divorce" for married couples and civil partners (the legal term for the equivalent of divorce for civil partners is dissolution).
A couple must have been married for at least one year to start the divorce proceedings that will legally end their marriage. There is only one ground for divorce – irretrievable breakdown of the marriage – which must be proved to the courts by demonstrating one or more of the following five facts.
- Your partner has committed adultery (this does not apply to civil partnerships). This must be admitted or there must be evidence of the adultery, although it is not necessary to name the other party.
- Your partner has behaved so unreasonably that you cannot be expected to live with them. You must provide examples of why you find the behaviour unreasonable – simply growing apart is not enough.
- Your partner has deserted you and you have lived apart for more than two years.
- You have lived separately for two years immediately before the presentation of the petition, if you and your partner agree to the divorce.
- You have lived apart for more than five years immediately before the presentation of the petition. No consent is needed.
DFJ Solicitors' divorce specialists can advise you on the most appropriate grounds for your circumstances and tailor your petition for divorce accordingly.
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, housing and contact 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.
The court will only grant the decree absolute when the judge agrees that all arrangements for the children are satisfactory. Any financial order will also only come into force after the decree has been made absolute.
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
Our team of divorce solicitors in Gloucester and Cirencester generally work on an hourly rate but can agree a fixed cost for a straightforward divorce of £600 plus VAT and disbursements (court fees) of £340. These costs are for the divorce only and do not include work on finances or children's issues.
If matters become more complex, for example if there is difficulty in proving that your partner 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.
The cost of separation agreements varies depending on the individual circumstances.
For further details of our divorce and separation legal advice and services, or to make an appointment, please contact:
- Michael Brady at our Cirencester office on 01285 654875
- Anita Arora at our Gloucester office on 01452 508800