Divorce & Separation
Divorce and Separation can be a distressing time for you, your children, and wider family.
Our team are on hand to guide you through these tough times.
We work with clients from all backgrounds, and know that no two separations are the same. We are here to listen, and help you find the best possible outcome for you and your family.
What are "Grounds for Divorce"?
There is only one ground for divorce, which is that the marriage has broken down irretrievably. In order to show that this has happened, the spouse who petitions for divorce (known as the Petitioner) has to show that one of five facts applies. These are:
- Unreasonable behaviour
- Two years separation with consent from your spouse
- Five Years' separation
Our legal professionals are experts in helping people write their applications for divorce, known as Divorce Petitions, in a way that attempts to reduce any upset for both parties.
What is a Respondent in Divorce proceedings?
A Respondent in Divorce proceedings is the spouse that does not apply for divorce. Our legal professionals can act for a Respondent in divorce proceedings. If you are served with a divorce petition, we can assist with the next steps in your divorce and represent you throughout.
We strongly suggest that you seek legal advice upon receiving a divorce petition and before informing your spouse or their solicitors that you have received it.
What is a Decree Nisi?
A Decree Nisi is the first court order made in the divorce proceedings. It shows that you are entitled to get divorced however when you receive a Decree Nisi you are still married.
What is a Decree Absolute?
A Decree Absolute is a Court Order which dissolves the marriage. Upon the Court pronouncing the Decree Absolute you will no longer be married.
The Petitioner can apply for the Decree Absolute at any time after six weeks and a day has passed from your Decree Nisi being pronounced. If the Petitioner does not apply the Respondent can apply 3 months later. However, if the Respondent makes the application there will likely be a hearing which all parties will be required to attend.
You will need to be aware that any Decree Absolute could affect the following:
- Your Will
- Your rights to inherit from your spouse’s estate
- Your right to dependent pensions
- Your right to stay in the family home
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