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.
Your solicitor should advise you whether any of the above factors apply to your situation.
In appropriate cases, your solicitor 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. 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.
Disputes via the divorce court can be costly. We recommend a non-confrontational approach to family problems and encourage solutions that consider the whole family and in particular the best interests of the children (if there are children involved).
To file for divorce, you'll need to:
The divorce petition form allows you to ask the court for permission to divorce and details the reasons for you wishing to end your marriage. A solicitor can help you prepare this document.
The court will then send your spouse an acknowledgement of service form which your spouse (the respondent) will need to respond to within 7 days.
There are no set time scales as each individual’s circumstances are unique. Generally the most straight forward divorces take about four to six months. Sorting out complex financial disputes, especially where houses or business assets are involved can take much longer.
Costs to consider when getting a divorce include the cost of filing the divorce to the court and any solicitors fees. This does not include any future maintenance or financial agreements further to the divorce being confirmed.
If you decide to instruct us, we will provide full details of costs and how these are calculated at the initial meeting before any legal work is undertaken. For uncontested divorces we are able to offer a fixed fee so that you can be sure of what our costs will be from the outset.
Sanders Witherspoon LLP offer a one hour initial consultation for £150.00 plus VAT in which we can discuss your matter with you and provide you with our best estimate of how much your matter will cost overall, how long it will take and what to expect at the end of it.
If you have received a divorce Petition then you should not delay matters and should get in touch with us as soon as possible so that we can arrange a meeting to review it with you and explain what every part means. We can also help you complete the forms which must return to the court. If you plan to defend the proceedings we can discuss this with you as well.
Divorce proceedings are not the only option if you cannot carry one living together. There are other options open to you apart from starting divorce proceedings which can be explained to you.
Find out more about separation agreements
We can also help you prepare any documents that may be needed to record the separation.
Often people think that it is quicker and easier to apply for a divorce online without involving a solicitor.
This is not the case as no matter whether a divorce is applied for online or through a solicitor, the process will still take roughly four to six months if both sides agree.
Applying online offers no guidance or legal advice and support in the matter and will not advise you on important points of law. So although it might seem easier to apply online, it is much better to meet face to face with a solicitor to discuss the details of your individual matter.
“From start to finish this company provided a professional outstanding service to myself and my family at a very difficult time. The communication was consistent throughout the process from everyone involved in our case and this reflected in the positive, successful outcome we had so desperately hoped for. ” - Nikki Yianni - Family Law Client
Our primary concern is always you and your family. We take a mediation first approach.
“Our commitment to the resolution code of practice means that the majority of our family cases reach a settlement before the need to go to court.”
Satwinder Sahota - Divorce Law Solicitor
We offer an initial 1 hour consultation for a fixed fee of £150+VAT
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