Divorce procedure and how to get started
We are one of the top divorce and family law firms dealing almost exclusively with complex, high value cases, often with an International dimension. We specialise in complicated cases which can include hidden assets, Sharia Mehr & Dowry contracts, overseas properties & companies and aggressive & savvy partners.
Our existing client base has included England Rugby Team players, Artists, Actors, TV news presenters, politicians, multi-national business enterprises and wealthy individuals with over £90m of assets spread across 4 continents.
We act equally for those seeking to protect their assets and those fighting for their fair share. We specialise in large and complex divorces and have the expertise to analyse complex banking arrangements, shares and crypto investments, private company shareholdings & valuations, multiple properties & overseas estates, trusts, and international concealed assets and investments.
For answers to the most Frequently Asked Questions about Divorce follow this link
As part of our ongoing commitment to client satisfaction, our fees structure will be unambiguous and very reasonable. In most cases we will be able to conduct your whole divorce process on a simple Fixed Fee.
Getting Started
To commence a divorce in England & Wales you must first lodge a Petition. The petition will embody the grounds and facts upon which you seek your divorce. It will also embody any financial claim which you may seek against your spouse.
To lodge a divorce petition, you will need to have been married for at least 1 year and either you or your spouse must be ordinarily domiciled in England & Wales. It doesn’t usually matter where you were married, as long as you meet this criteria. You will however need the original of your marriage certificate. If you don’t have a marriage certificate, we can advise you of your options.
Divorce in England & Wales can only be on the grounds that the ‘marriage has irretrievably broken down‘. There is no longer any need to provide further reasons for the breakdown of the marriage.
read more about the ‘grounds’ for divorce.
If you want an expert family law divorce lawyer to protect you during marriage breakdown – contact us or email us your questions.
The Divorce Process
Filing for divorce – To start divorce proceedings, a single or joint divorce application must be filed via the online divorce portal. In that application, you must include a ‘statement of irretrievable breakdown’ to confirm that the relationship has come to an end.
The Divorce itself can be fairly straightforward. But when there are assets involved or disputes about where the children will live after the divorce, you need to know that you have the very best lawyers protecting your rights and making sure you get your fair share.
Responding to a divorce application – If your spouse makes a sole application for divorce, you will be notified by the relevant court and must reply within 14 days with an ‘acknowledgement of service’ form. This is usually filed online, via the portal.
Conditional Order – The Conditional Order is a legal document issued by a court establishing that there is no barrier to your divorce.
After the divorce application has been issued, you have to wait a minimum 20-week cooling off period before you can apply for the Conditional Order. This gives couples time to sort out the finances and how assets are going to be shared.
Final Order – Once a Conditional Order has been granted, you will then need to wait another 6 weeks, and you can then apply for a Final Order. Once a court issues you with a Final Order, your marriage is legally over.
Defending a divorce – Under the no-fault divorce laws, the option to contest/defend a divorce only exists in very special circumstances. For instance, when marriage is not valid, or the English/Welsh courts have no jurisdiction.
If you think you have grounds to defend a divorce you need an expert family law divorce lawyer to protect you during marriage breakdown – contact us or email us your questions.
Complications
Many things can complicate a divorce. Examples of these are when you do not know your spouses current whereabouts, or there may be serious disagreement about the children, or worse still, you may be the victim of domestic violence.
If you want an expert family law divorce lawyer to protect you during marriage breakdown – contact us or email us your questions or just call
020 8401 7352.
