Divorce / Dissolution of Civil Partnerships
It can be a very difficult decision to conclude that a marriage or Civil Partnership is at an end. Some parties are of the view that the only way to formalise a separation is through divorce proceedings. Others decide that they are in no hurry to deal with the formalities of divorcing, and so opt to enter into a Separation Agreement.
Whether you decide upon divorce or separation is a matter of personal choice.
A divorce is the legal process of ending a marriage (including for same sex couples). A dissolution ends a Civil Partnership. Divorce / Dissolution gives the court the power to make financial orders. However, in order to commence divorce proceedings, the parties must have been married for at least a year.
There is only one ground for divorce in England & Wales, and that is that the marriage has irretrievably broken down. To satisfy the court that there is an irretrievable breakdown of the marriage, one of the following five facts must be proved;
- Your spouse has committed adultery and you find it intolerable to live with them
- Your spouse has behaved in such a way that you cannot reasonably be expected to live with them
- Your spouse has deserted you for more than two years
- You have lived apart for a continuous period of 2 years and your spouse agrees to a divorce
- You have lived apart for a continuous period of 5 years. Your spouse does not need to provide their consent to a divorce on this basis.
With regards to dissolution of a civil partnership, the basis for dissolution are identical, save that it is not possible to rely upon Adultery.
We offer a fixed fee for divorce / dissolution proceedings, which provides our clients with clarity on costs. Our fixed fee is applicable provided that we do not need to effect personal service upon the other party and provided that the proceedings are not defended or unnecessarily delayed.
Defended divorce proceedings are rare, but we can advise you with regards to this if it becomes necessary to do so.
Whilst the divorce process is not complicated, there are a number of pitfalls if you do not know the correct practice and procedure. We are here to guide you through the process, navigating the legal maze from start to finish.