Our specialist divorce solicitors in London, Oxford and
Southampton, can help you with divorce advice
including matters relating to children. Divorce can be
straightforward if both parties agree that the marriage is
over. Difficulties arise in resolving how and when to
separate, where to live, and the arrangements for children and
finances.
We offer a constructive approach to divorce advice to help
progress matters as quickly as possible. We will be happy to
discuss anything that is unclear or answer any further questions
you may have.
who can start divorce proceedings?
Anyone who has been married for over a year, providing one of
the couple has their permanent home or has been resident for at
least a year prior to when the divorce petition is started, in
England or Wales. It doesn't matter where you were
married.
how can a divorce be started?
The only grounds for divorce are that your marriage has
'irretrievably broken down' and one of five 'facts' must be
proved:
- adultery
- unreasonable behaviour
- desertion for at least two years
- separation for at least two years with consent
- separation for over five years (consent not
required).
if one of the five facts applies, what happens
next?
It is often sensible to try to obtain your partner's consent to
the divorce and try to reach agreement over the contents of the
petition. Only a brief outline of circumstances needs to be
given at this stage.
what about the children?
A form is also sent to the court with the divorce petition which
will outline the arrangements for your children. The law encourages
couples to try to agree those arrangements. Divorce
proceedings still continue if no agreement is reached.
how long does the divorce process take?
The divorce takes approximately four to six months, although the
Decree Absolute is often not obtained until the finances are
resolved. This may be much later.
Click on the link for the procedure to issue divorce proceedings.
Click on the link for the procedure for obtaining financial
provisions during divorce proceedings.