Arrange a meeting with one of our specialist family lawyers and bring to the meeting the following documents if you can:
- Form of photographic identification eg driving licence/passport;
- Utility bill;
- Marriage Certificate; &
- Details of your assets, liabilities and income of you and your spouse.
Do not worry if you do not have these documents to hand, you can provide them at a later stage.
For anything further, one of our specialists would be delighted to meet you to talk through your options and answer any questions. Please contact us at any time.
Do I have to have a solicitor if I am getting divorced?
No. It is not a requirement to have legal representation in divorce proceedings.
However, it can be important to obtain good legal advice and assistance about your situation, particularly if there are financial matters which need to be resolved.
Solicitors are trained professionals and will make sure that your interests are protected upon separation from your partner.
Will I have to go to Court?
Possibly, however, in the vast majority of cases it will not be necessary to go to Court.
If your divorce is uncontested and you are able to reach an agreement with your spouse about financial matters and children, a Court hearing is unlikely.
What will it cost?
We will discuss the costs with you at great length when we meet and you will be provided with an estimate of your costs at the outset of your case.
You will be informed at regular intervals of the costs to date and potential future charges to resolve your case.
We can talk through your funding options which may include a litigation loan.
We do not undertake legal aid work but can refer you to lawyers who do provide this service.
How long must I be married before I can commence divorce proceedings?
In England and Wales, you must be married for at least one year before a petition for divorce can be presented to the Court.
This does not mean that you cannot separate during that time.
My spouse has had an affair but this is after we separated. Can I still commence divorce proceedings because of the affair?
Yes. Even though you have separated you remain legally married and an affair whilst married will still constitute adultery or unreasonable behaviour.
How often should the children be seeing me/my spouse now that we live separately?
There is no set formula as to how much contact each parent should have.
This is a matter for you and your spouse to hopefully agree, bearing in mind the needs of your child(ren) and your circumstances.
In most cases it is extremely important that a child maintains a good relationship with both of their parents.
If there is a dispute, then it may be necessary to attend mediation and/or make an application to Court.
What happens if we get back together or I decide I don’t want to be divorced anymore?
There are several different stages in divorce proceedings.
A divorce only becomes final upon pronouncement of decree absolute and up until that point the proceedings can be withdrawn or discontinued.
Even through you may be separated from your spouse, you will still legally remain married until decree absolute is pronounced.