Here we understand that any relationship breakdown has tremendous effects both emotionally and practically, not only for the parties to the relationship but also for their children. We recognise that our clients are at a crucial turning point in their lives and we aim to provide support and guidance based on a detailed understanding of their situation.
Conciliation
Reconciliation involves helping the parties to overcome their differences and encouraging them to make a new start.
Conciliation becomes important once both parties have accepted that their marriage has broken down and is aimed at reducing areas of potential conflict. Conciliation is aimed at making the breakdown of a marriage as painless as possible by helping the parties to reach agreement over matters such as arrangements for children, finances, the matrimonial home and other property.
Your solicitor has a distinct role to play in conciliation. We will act objectively on your behalf and encourage you to give careful consideration to any proposals made by the other spouse where we feel this is in your interests.
Grounds for divorce
Either party to a marriage can apply to the court for a divorce. An application to the court is made by way of a ‘petition’ and the party who makes the application is called the ‘petitioner’. The other party is called the ‘respondent’. The petitioner has to establish that the marriage has irretrievably broken down. There are five ways of doing this, namely:
that the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent; or
that the behaviour of the respondent is such that the petitioner cannot reasonably be expected to live with the respondent; or
that there has been desertion of the petitioner by the respondent for a period of 2 years; or
that both the petitioner and the respondent have been separated for a period of 2 years and that both parties agree to a divorce; or
that the petitioner and the respondent have been separated for a period of 5 years.
The divorce process
Once you have established that you have grounds for divorce we aim to guide and support you through the legal process, looking after your interests and where appropriate working with the other side to resolve as many areas of potential conflict as possible.
If you decide to start divorce proceedings we will draft your divorce petition and prepare the relevant documentation which you need to file at court and ‘serve’ on the other party. Once the other party has been served with the petition and the relevant documentation they will acknowledge receipt of this by completing and returning an acknowledgement of service form. We will return this form to the court together with a document or an ‘affidavit’ which confirms that the contents of your petition are true.
A district judge at the court will then consider whether on the basis of your petition you are entitled to what is known as a ‘decree nisi’ and that you have successfully established the grounds for a divorce. From pronouncement of decree nisi, after the lapse of a six week minimum waiting period, we would apply on your behalf for the issuing of a ‘decree absolute’ which is confirmation that your marriage has been dissolved. Where the parties to a divorce co-operate, we would envisage completing your divorce in approximately six to seven months.
Children
Arguments concerning the welfare and upbringing of children frequently occur during a divorce. Following a divorce, both parents will continue to have financial and other responsibilities and rights in relation to a child until the child has grown up. We will be able to advise you where disputes arise about where and with whom a child should live and when they should see a parent not living at the child’s house. Where appropriate we can also help you to consider other ways of resolving your differences with your spouse such as mediation, negotiation and, only where necessary, court proceedings, in an effort to find the most appropriate solution for the children.
Finances
We have the expertise to handle even the most intricate of financial cases. However our objective is always to ensure that legal costs are kept to minimum and a family's resources are not eaten away in costly court battles.
When resolving the financial issues that arise following divorce we will focus on the main issues and predict the likely amount of a settlement, despite the court’s extraordinarily wide discretion in deciding who should get what. We will endeavour to work with you to achieve a fair settlement for you without, if at all possible, having to proceed to a contested final court hearing.
