We are a member of Resolution
If you want to end your marriage, you can apply for a Divorce. If you want to end your civil partnership, you can apply for a dissolution. The process is the same for both.
You do not need to give a reason to get a divorce or dissolution – this is called a ‘No Fault Divorce’.
You can get divorced in England or Wales if all of the following are true:
If you do not want a divorce, you can get a legal separation so you can live apart without ending the marriage.
A divorce or dissolution will take at least 6 months to complete, even if your circumstances are straightforward.
It might take longer if you need to sort out issues with money, property or children. These things will be dealt with separately to your divorce or dissolution.
You will need to pay the court fee when you apply for a divorce or dissolution and provide to us your original marriage certificate.
You can share the court fee with your spouse.
Once a divorce petition has been filed, either one of the parties to the marriage can apply to the court for a Financial Remedy application.
The purpose of Financial Remedy proceedings is to divide the matrimonial assets according to the needs and requirements of the parties.
Usually, the starting position of splitting the assets of the marriage are on a 50/50 basis, however, this is not always going to be the case for various reasons. There may be mitigating factors such as the needs of the children of the marriage.
The mitigating factors will very often be a reason for the courts to depart from the equality principle for example, a dependent spouse.
Financial orders that the courts have the power to make are:
Maintenance Orders – this is where the court orders one of the parties to marriage to make maintenance payments or periodical payments to the other party to the marriage.
Lump Sum Orders – this is where the court orders one spouse to make a single payment of a lump sum of money to the other spouse. Lump Sum Orders can be ordered in addition to Maintenance Orders in some circumstances.
Transfers of Property – this is where the court orders one party to the marriage to transfer property to the other spouse. This type of court order can be made in relation to many different types of property including tenancies and shares in companies.
Pension Sharing Order – this is where the court orders the sharing or transfer of pensions between the divorcing parties. These orders are often made to ensure that divorcing couples have equal pension rights when they reach retirement age.
Clean Break Order – this is a type of order agreed upon by both parties, which ends the financial ties between them. No provision is made for spousal maintenance, and no future claims can be brought against a former spouse including any pensions entitlement.
For a Divorce, we charge a fixed fee of £800.00 plus VAT, plus the Court fee of £593.00 (currently).
For Financial Remedies, we will provide to you a cost estimate given the value of the matrimonial assets in dispute. The charge rate of our Mr Conroy is £250.00 plus VAT per hour.
Usually in matrimonial disputes each party bears their own costs.
Before Financial Remedy proceedings can take place there is a duty to mediate (unless for example in cases of domestic violence). Each spouse would have to attend before a Mediator for a Mediation Information and Assessment Meeting (MIAM).
Each spouse would be responsible for their own costs of the MIAM, which is usually no more than £250.00 plus VAT each.
If you are a victim of domestic violence, you may be entitled to a Non-Molestation Order.
A non-molestation order is a civil order made in the Family Court which prevents the perpetrator/person subject to the order (known as the Respondent) from molesting the applicant or a relevant child.
Domestic violence can be presented in different way, such as:
Non-molestation orders are intended to protect victims of domestic abuse whether that be physical, emotional, psychological, financial, sexual or coercive control.
In order to obtain a non-molestation order you will need to report any or all incidents of abuse to the police. They will provide you with a crime reference number as evidence.
Other evidence you can provide is:
A Child Arrangements Order means a court order regulating arrangements relating to any of the following:
With whom a child is to live, spend time or otherwise have contact.
When a child is to live, spend time or otherwise have contact with any person.
The ‘residence’ aspects of a Child Arrangements Order (i.e. with whom a child is to live/when a child is to live with any person) can last until the child reaches 18 years unless discharged earlier by the Court or by the making of a Care Order.
The ‘contact’ aspects of a Child Arrangements Order (with whom and when a child is to spend time with or otherwise have contact with) cease to have effect when the child reaches 16 years, unless the court is satisfied that the circumstances of the case are exceptional.
A person named in the order as a person with whom the child is to live, will have Parental Responsibility for the child while the order remains in force. Where a person is named in the order as a person with whom the child is to spend time or otherwise have contact, but is not named in the order as a person with whom the child is to live, the court may provide in the order for that person to have Parental Responsibility for the child while the order remains in force.
Child Arrangements Orders are private law orders, and cannot be made in favour of a Local Authority. Where a child is the subject of a Care Order, there is a general duty on the Local Authority to promote contact between the child and the parents. A Contact Order can be made requiring the Local Authority to allow the child to have contact with a named person.
A court which is considering making, varying or discharging a Child Arrangements Orders, including making any directions or conditions which may be attached to such an order, must have regard to the paramountcy principle, the ‘no order’ principle and the welfare checklist.
Interim Child Arrangements Orders can be made before making an application to court for a Child Arrangements Order (or other relevant family application), a prospective applicant must attend a family Mediation Information and Assessment Meeting (‘MIAM’), to ascertain whether the issues can be resolved by mediation rather than by application to court. There is a fee payable direct to the Mediator.
It is the responsibility of the prospective applicant or that person’s legal representative to contact a family mediator to arrange attendance at a MIAM.
A Child Arrangements Order may be varied or discharged by the court either in existing family proceedings, or on a free-standing application (with the applicant having sought leave to apply if necessary). On a variation application, the court has the full range of orders available to it, including the power to give directions or impose conditions.
A Child Arrangements Order may come to an end because: