Divorce and Separation
Whether a particular situation requires enormous tact and the gentle approach or merits quick decisive action we are able to assist.
Sanders Witherspoon LLP can advise which facts best apply to your particular case. We can advise on defending a petition for Divorce where appropriate.
Dealing with divorce and separation with understanding and expertise
Divorce and Separation are probably the most stressful legal procedures you may experience throughout your life and can be a sensitive and complex process.
We have a wealth of experience of dealing with not only all the legal situations that arise in Family Law, but in dealing confidently with the variety that this field of Law invariably presents.
Guidance and understading
In all aspects of Family Law, the lawyers at Sanders Witherspoon LLP abide by the Code of Practice of Resolution, an organisation of more than 6,000 members committed to the constructive resolution of family disputes. The Code of Practice promotes a non-confrontational approach to family problems. Members encourage solutions that consider the whole family – and in particular the best interests of the children.
We are able to explain to you the divorce procedure step by step and help you to make sense of the various documents, court forms and help you to prepare divorce papers whether you are the Petitioner (bring the case) or the Respondent (replying to the Petitioner’s paperwork). In appropriate cases, we can put you in to touch with a mediator who may be able to help you reach an amicable settlement and even save you legal fees. In appropriate circumstances, we are also able to advise you about other proceedings such as claims for maintenance, transfer of property, lump sum orders or issues concerning children.
When we take a case on, we investigate it thoroughly, working closely with the best specialist Family Law barristers and other legal experts.
The divorce process
Before a divorce can be granted, one year has to have elapsed from the date of the marriage and the court has to be satisfied that the marriage has “irretrievably broken down”. This is proven by one of five facts:
Adultery – the other person has committed adultery and you find it intolerable to live with them.
Unreasonable behaviour – the other person has behaved in such a way that you cannot reasonably be expected to live with them.
Desertion – the other person has deserted you for a continuous period of two years.
Two Years Separation – the two of you have lived apart for a continuous period of two years immediately preceding the presentation of the petition and that the other person agrees to be divorced.
Five Years Separation – the two of you have lived apart for a continuous period of five years and no consent is required.
If the court is satisfied that the facts apply in your case, the judge will grant a Decree Nisi unless there are appropriate grounds for defending the case. If the Decree Nisi is granted, a