Divorce and Separation
When a marriage breaks down, there are several options available, not just divorce. The end of any relationship is a difficult time and can be stressful and emotional. At Hayes + Storr, we explain all the alternatives, which may include attending marriage counselling through Relate, as well as the implications of separation or divorce, without pressuring our clients to take a particular course of action.
It is important to remember that everyone has different priorities. We ensure our clients remain in control of both the process and the decisions being made. The solicitors and the legal process should not take over, leaving those going through it feeling powerless.
If you decide to proceed with a divorce, we aim to keep you fully informed throughout the process and make sure you are clear about what to expect. We can provide advice on specific issues or support you through the entire divorce process.
We now have an online, ‘no fault’ divorce system, which means there is no longer any need to refer to two or five years of separation, or to ‘blame’ the other spouse by citing unreasonable behaviour or adultery. Divorce can no longer be defended or contested, except in very limited circumstances where technical legal issues arise.
The process takes at least six and a half months, including a compulsory five-month ‘cooling off’ period between the initial application and the making of the Conditional Order (formerly known as Decree Nisi). After this, there is a further period of at least six weeks before the Final Order (previously Decree Absolute) can be obtained, although we may advise postponing this if there are complex financial matters to resolve, such as pensions.
At such a difficult and sensitive time, it is vital for you to have the right legal team working with you and explaining each step. We are members of Resolution and follow the Code of Practice which promotes a constructive and non-confrontational approach. This amicable line can help keep costs to a minimum and avoid any unnecessary tension.
If you decide not to proceed with a divorce, or wish to delay issuing a petition, we can help protect your position with a written Separation Agreement to deal with finances in the meantime, pending a divorce further down the line. Although such agreements are not automatically binding in a later divorce, the H+S Family Department will advise you on the procedural requirements and fairness tests to meet, to help ensure recognition by the Court.
It is important to seek advice early, before making any final decisions. As your divorce solicitors, we offer a reduced-rate fixed fee appointment for all new clients. For all new family enquiries, please contact our family department on 01328 863231 in the first instance. A basic divorce would normally start at around £500 + VAT and court fees, with a more precise figure provided at the first appointment based on your individual circumstances.
