Divorce and Separation

One of the main challenges you may face is, getting your partner to agree upon getting a divorce and the reasons stated. At HS Legal we follow the protocol as cited by Resolution to ensure that agreement is reached at the outset where possible to avoid escalated costs, delay and stress. We are here to advise and support you throughout the process of filing for divorce.

Difference between separation and divorce

The main difference between getting a separation and getting a divorce is that divorce ends the marriage. Spouses return to an unmarried status and are thus are allowed to remarry. The separation lets couples keep their married status while acknowledging that they are no longer living together.

The Grounds for getting a Divorce

There is only ground for getting a divorce in the UK which is that your marriage has irretrievably broken down.

When you are filing for divorce there are five potential reasons on which you can rely:

  1. a)Adultery –  you will need to have proof that your spouse/civil partner has committed adultery or ensure that they will agree to a divorce based on this reason. The place of adultery and the date when it was committed, or when you became aware of the same, will need to be included when detailing this fact on the divorce petition.
  2. b) Unreasonable behaviour – If you have been subject to unreasonable behaviour which includes acts of violence, emotional abuse or lack of support, this can be presented as a strong reason for divorce. A petition based on this reason does not need to be very detailed. However, you must be able to recall and share details of a minimum of four incidents, which you deem to be acts of unreasonable behaviour.
  3. c) Two years’ desertion – you will need to state that your spouse/civil partner left you without your consent for a period of two years and you have no knowledge of their whereabouts.
  4. d) Two years’ separation with consent – If you have consented to live apart socially, sexually and domestically for a period of two years immediately before the presentation of the divorce petition you can file for divorce of grounds of consensual separation. There are many forms of separation e.g. you can still be living in the same house and be separated. In all cases, you must be able to confirm the date of separation and ensure both parties consent.
  5. e) Five years’ separation – If you have been living apart socially, sexually and domestically for a period of five years immediately before a presentation of the divorce petition you can file for divorce. The other party’s consent is not essential in this case.

For more extensive advice and information please email or call us to book an initial consultation.

Agreed Divorce

We offer a fixed fee for an agreed divorce of £750 plus vat and court fees of £550

Amicable divorce and separation cases take approximately 4-5 months to resolve. If your case involves children or financial concerns, it can sometimes take longer. We recommend discussing your case at our no-obligation initial consultation where we can advise you on timescales and costs.

For more extensive advice and information about getting a divorce please email or call us to book an initial consultation.

Contested Divorce

If one party is not agreeable to a divorce then matters can become complicated. A set procedure will need to be followed within certain time limits and the content of the petition defended. Defending a petition is costly and stressful and unlikely to be successful as one party who wishes to end a relationship cannot be forced to remain married. Therefore, a defending party will usually be advised to allow the divorce to proceed, and perhaps negotiate some changes to the reason cited within the petition if this is in their benefit.

If you fear that your spouse/civil partner will defend a divorce, do seek advice and your fears can be allayed.

For more extensive advice and information for filing for divorce please email or call us to book an initial consultation.

Jurisdiction

Divorce can be started in England if both parties are residents, or if the respondent is living in England for at least one year before the date of the petition, or the petitioner and the respondent are domiciled in England. It may be the case that one party wishes to start as soon as possible to ensure that England is the country that will deal with any ancillary financial issues. The country in which a petition has been filed first will decide any money and/or property issues between the parties.

International Divorce

If you are living abroad, but still have ties to the UK, or if your spouse is living in the UK, we can assist you with your filing for divorce process and any ancillary issues such as finances and child arrangements.

 

For more extensive advice and information about getting a divorce please contact us to book an initial consultation.