Getting a divorce or separating

Any relationship breakdown has tremendous effects both emotionally and practically, not only for the parties to the relationship but also for their children. 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; we will reassure and support along the way; and we will be objective, to achieve the best outcome at a very difficult time.  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.

Grounds for divorce

When you apply to the courts, you need to demonstrate that your marriage has irretrievably broken down. There are five ways of doing this, namely:

• that your spouse has committed adultery and you find it intolerable to live with them ; or
• that your spouse’s behaviour is such that you cannot reasonably be expected to live with them; or
• your spouse has deserted you for a period of 2 years; or
• you have been separated for a period of 2 years and that you both agree to a divorce; or
• that you 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 objectively and sensitively.  We work with the other side through conciliation to resolve as many areas of potential conflict as possible. We deal with all the paperwork and the courts on your behalf obtaining first a ‘decree nisi’ when grounds for a divorce are established and then the ‘decree absolute’ when 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 continue to have financial and other responsibilities and rights in relation to a child until the child has grown up.  We will advise you compassionately as to the best and most appropriate arrangements that can be made for your children. And we will help you consider the best way of resolving your differences, whether it be negotiation, mediation or, and only where absolutely necessary, court proceedings.