If your marriage has turned sour, or you and your spouse have drifted apart, you may be contemplating a divorce. Seeking legal advice from a Divorce and Family lawyer at an early stage will help minimise the disruption to your life.

What is a Divorce?

Divorce is the legal process that will bring a marriage to an end. After a divorce a person can remarry if they wish. A person must have been married for at least a year in order to apply for a divorce.

The ground for a divorce is the irretrievable breakdown of marriage which must be established through 1 of 5 facts:

• Unreasonable behaviour;
• Adultery;
• Desertion;
• Two years separation by consent;
• Five years separation

There can be advantages and disadvantages to using some of these facts. We recommend that you seek specialist legal advice from a Divorce and Family solicitor to discuss your options.

International considerations

If you or your spouse does not live in England or Wales, or if you have recently moved here, you will also need legal advice as to whether you can have a divorce in this country.

In cases with an international element there may also be a choice of countries where to divorce. Different countries can adopt more or less favourable approaches to spouses when dealing with financial matters or children. This can be a very important consideration and specialist legal advice from a Divorce and Family lawyer will be needed.

Divorce terminology

Divorce involves the person bringing a divorce called the ‘Petitioner’ and the person having the divorce brought against them is called the ‘Respondent’. In adultery petitions the third party is called the ‘Co-Respondent’ but it is encouraged that they should not be named.

Should I be the Petitioner?

The advantage of being the Petitioner is that you are in control of the process but you will have to do the majority of the work. Therefore the divorce will be more expensive for the Petitioner as opposed to the Respondent. It is however possible to claim costs from the Respondent if you cannot agree how these should be apportioned.

We recommend you speak to a Divorce lawyer who can explain the best approach for your circumstances.

Defending a Divorce

It is very rare that a divorce will be defended and it is more usual that an agreement will be reached as to who will divorce and on what fact. The factual detail put in the divorce petition (the document that is filed with the court to begin the divorce) is usually kept to a bare minimum and can even be agreed. The whole procedure is paper based and in only very rare circumstances will you have to attend at court.

Divorce procedure

Once the paperwork is prepared and filed with the court it is then sent to your spouse and they are asked to acknowledge that they have received it. Once this has been done, the Petitioner will then make an application to the court for the judge to consider the divorce papers. If the judge is satisfied that everything is in order he will set a date for a provisional decree of divorce (the Decree Nisi). Six weeks and a day after it is pronounced, the Petitioner can apply for the Decree Absolute which will finally dissolve the marriage.

The whole process will take about six months but if there are financial issues to be involved it is usually advisable, particularly if there are pension assets, to delay the application for the Decree Absolute until they are resolved.

Alternative ways to resolve disputes

If there are financial disputes a qualified Divorce and Family lawyer can help you resolve them. Mediation and Collaborative Law are alternative ways to resolve disputes following a relationship breakdown in a marriage.

Alternatives to a Divorce

While divorce may seem like the only option to ending the marriage, there are other ways that are worth considering before making such an important decision. Our Family solicitors have prepared a factsheet on Alternatives to a Divorce.

Important things to consider

If you are thinking about a divorce, or think that your spouse wants a divorce, don’t feel pressured into accepting something that you may not be comfortable with. A divorce will only legally bring your marriage to an end and not deal with other issues which have their own separate procedure. These issues may include:

Children disputes and their care

Quite often there are children disputes that need to be dealt with, such as arrangements for children, where they should live, how much time they will spend with each parent etc. Our Family lawyers have prepared factsheets providing information on child maintenance, restricted contact and financial provision for children.

Financial disputes

Often there are financial issues to be addressed and financial claims can be made. Even if you have agreed these matters, or if there is nothing to share, it is important that matters are formalised so that financial claims are not revived in future.

Our Family lawyers have prepared a series of factsheets for managing financial issues on divorce. These include:

• Keeping divorce costs down
• Divorce and financial disclosure
• Divorce and bankruptcy
• Divorce and Consent Orders
• Divorce and pensions
• Enforcement of Court Orders
• Matrimonial and non-matrimonial assets
• Divorce FAQs

Disclosure and confidentiality

In all matters involving the resolution of financial disputes between divorcing couples, it is essential that there is full and frank financial disclosure by husband and wife regarding all their financial information.

There are some areas and documents, however that can remain private. Please read our free information guide Divorce and Confidentiality.

Emotional support

It is impossible to continue in a marriage when one person is adamant that it is over. However, it is not uncommon for people who are unsure about their future to enlist the help of counsellors or family therapists to assist couples to improve their marriage.

These professionals can also assist couples or individuals who have separated to deal with the emotional impact of separation which can lead to more effective communication and an all together less acrimonious break up.

Divorce Fees

We can offer you a fixed fee for:

• an undefended divorce which is £1,500 (inclusive of VAT and court fees)
• an undefended respondent divorce which is £700 (inclusive of VAT)

We have prepared factsheets explaining breakdown of costs and any additional fees that may be incurred in the process of an undefended and undefended respondent divorce applications.

Why use Fisher Meredith?

Fisher Meredith is an award winning law firm with offices in Richmond, Surrey and Kennington, London. Our Divorce and Family solicitors have an outstanding reputation for acting on behalf of individuals with highly successful results.

For 35 years, Fisher Meredith has developed a reputation for being approachable and “going the extra mile” for its clients whilst maintaining ethical and socially responsible standards.

Fisher Meredith’s Family Law department is headed by founding partner Eileen Pembridge.

Many of our Family solicitors are accredited members of Resolution and the Law Society’s Family Law Panel. Fisher Meredith has formed close links with Home-Start, Kidspace and also Divorce Support Group who provide counselling services to parents and children going through the divorce process. We also offer a full range of quality legal services to deal with your divorce whether this is through Mediation, Collaborative Law, negotiation or by way of an application to the courts.

By working closely with Fisher Meredith’s Property and Private Client teams, we also provide separated couples expertise in property transactions and wills.

What should I do now?

If you are considering a divorce, or think that your partner wants to separate from you, our Divorce and Family lawyers can provide you with quality legal advice to achieve the best possible outcome.

For initial advice or to arrange a meeting with one of our Divorce and Family solicitors in London or Richmond, please contact our helpline on 0800 014 7445.