Providing professional legal advice on the subject of divorce and separation
Everyone involved in a breakup of a marriage or other committed relationship may be under a great deal of emotional strain. Our Birmingham-based family law team is here to help if you’re ready to put an end to your marriage for good. There are many different types of divorce and separation services, and Fixed Price Divorce Services Basildon offers them all.
A Divorce Petition
Financial settlements; Child arrangement orders (formerly known as residence and contact orders); Applications for and enforcement of orders forbidding harassment or occupation; Dissolution of civil marriage (previously known as ancillary relief)
The provision of: premarital and postmarital agreements; family therapy; offers of aid and legal counsel;
Together, you and our family law team will evaluate your situation and decide what steps to do next. You will be in competent, caring hands throughout the entire divorce process if you decide to proceed with a petition.
Is it wise to get a divorce?
https://fixedpricedivorceservice.co.uk/children-finances-mediation/portsmouth/hampshire/
After the end of a marriage, one might choose from a number of different options. Divorce is one such option. Other options include going to marriage counselling, mediating conflicts, or even filing for divorce (only available in very rare circumstances). Possible answers vary depending on the specifics of the situation at hand. The following conditions must be met before a divorce petition can be filed in the United Kingdom:
1) You’ve been married for over a year.
Secondly, the government of the United Kingdom has recognised your marriage.
Your marriage is over and can never be restored.
Your primary residence is in the UK, or that of your spouse
The law has been amended as of late. Hence, if you can demonstrate that your marriage has irretrievably broken down, you may petition for a divorce after you’ve completed the aforementioned prerequisites. This replaces the fault-based law that demanded the applicant prove the respondent’s unreasonable behaviour or adultery caused the breakdown of the marriage if the couple hadn’t been separated long enough, or if they had been separated long enough but one partner refused to consent to the divorce proceeding.
BRAND strongly supports the new version of the law because we believe that fewer hard feelings between spouses will allow for more fruitful discussions about issues with marital funds and/or child/children arrangements.
Our seasoned family law attorneys can advise you on whether or not a divorce is the best option for your unique situation.
Causes for divorce
The traditional fault-based divorce process will be replaced on April 6, 2022, by the Divorce, Dissolution, and Separation Act 2020, also known as no-fault divorce. Consequently, if you have been married for at least one year, the applicant will merely need to sign a declaration certifying the irretrievable dissolution of the marriage. This will be recognised by the court as satisfying the legal conditions necessary to continue with the divorce. Parties may also apply jointly by submitting a single application.
To live apart from your spouse without formally ending your marriage, a legal separation can be obtained if you are not yet ready for a divorce. A marriage that is invalid or voidable may be cancelled within the first year of the union’s existence. This is not the same as a divorce and will be allowed only in extreme circumstances.
Divorce Procedure
The dissolution of a marriage can be an emotionally trying time for everyone involved. The following are the main steps that make up this process:
If you or your spouse has changed your name since being married, you’ll need to provide proof of the name change together with your marriage certificate and other identifying documents before filing for divorce. Getting a divorce can be difficult if you don’t know where your partner currently resides, but we can help you find them.
The average cost of a divorce in the United Kingdom is £593. (correct at the time of publication).
• A divorce petition can be filed either electronically or via regular mail. A legal application is nowadays typically submitted online.
• A copy of your application, along with the divorce center’s stamp and a case number, will be sent to you once it has been processed. You may receive these notifications by email/PDF documents or regular mail, depending on whether or not your application is being handled online.• A copy of your application and an acknowledgment of service form will be sent to your spouse. Email and regular mail will be used to spread the word.
• If your spouse disagrees with the divorce (which is feasible only in two situations) or objects to paying any of the alleged costs, they must notify the court of their position via the acknowledgement of service.
Serve your spouse with the divorce petition and submit an acknowledgment of service to the court. It is often done so with the guidance of a process server, however the court may allow for other means.
The standard waiting period for requesting a conditional order is 20 weeks from the date your divorce petition was filed. The court will consider the application, acknowledgment of service (or evidence of service), and conditional order application in its decision. The court will then rule that the petitioner has fulfilled all of the divorce requirements. You will then receive your conditional order, the first step towards getting a divorce. If your divorce application is rejected, usually because of an error in the application’s drafting or an administrative question, you will receive a notice of rejection document describing your next actions. The final order of divorce, the legal document that formally dissolves the marriage, can’t be sought until at least six weeks and one day have passed after the conditional order was given.
Many people put off getting a divorce decree until they have resolved their financial concerns. If you are applying for a final order more than a year after your conditional order was issued, you will need to provide a statement detailing the circumstances that led to the delay and evidence that no reconciliation occurred during that time. Your divorce cannot be finalised at this time because no children of the marriage were born during this time.
After the court issues a final divorce decision, both parties are allowed to marry again. If you decide to end your marriage in a civil court, the procedure is different.
Insights into what to expect from our legal team
Here at BRAND, we have the best family law team in the business ready to help you. You can always reach out to one of our friendly and compassionate family lawyers. An experienced solicitor will be assigned to your case to assess your situation and recommend next steps.
We will initially make every effort to settle your divorce, financial issues, and child custody through amicable negotiations, without going to court. This will be helpful in reducing costs. Alternative dispute resolution mechanisms, such as mediation, collaborative law, arbitration, and attorney-led discussions, will be among those made available. We may explore legal action if none of these options work for you or if your spouse or ex-partner takes an uncooperative approach.
If we felt it was in our client’s best interest, we have encouraged them to seek a court order as soon as possible in the divorce process. For instance, judicial intervention may be necessary in cases involving enterprises, trusts, and assets that are financially complex. If going to court is your only option, our experienced family lawyers will be at your side every step of the way. Our team of property, employment, tax, trust, and business lawyers will work tirelessly to resolve your legal matter, no matter how intricate it may be.
If you have any questions or concerns about the divorce process or anything else associated with the end of a marriage, please don’t hesitate to contact us.
Adjustments to the funding structure for legal aid
On April 1, 2013, a new system for providing public finance (legal aid) to low-income people was put into place as a result of the Legal Aid, Sentencing, and Punishment of Offenders Act of 2012. This has a knock-on effect on the ability to fund many new cases, with funding now available only to those who meet the Legal Aid Agency’s highly stringent requirements. Whether or not you are eligible for legal aid funding is something our family lawyers can help you determine.
Our firm is well known for its exceptional legal representation, and our family lawyers are committed to providing you with the same quality service. People and their families can rely on the knowledge, experience, and compassion of our team as they navigate times of difficulty and uncertainty.
forcible wedlock
Individuals are free to marry whoever they choose, whenever they want, or never at all. Any marriage in which one or both partners are coerced into it is considered a forced marriage. Emotional forms of duress, such as being shamed in front of your family, can be just as damaging as more overt forms of duress, such as threats or physical or sexual assault.
Please speak with one of our family law attorneys if you feel you were pressured into getting married.
