Divorce
DIVORCE EAST LONDON – DIVORCE ADVICE EAST LONDON
Nearly 30% of marriages result in divorce but that doesn’t make the reality any easier to deal with when it happens, especially if there are issues relating to custody or other arrangements for children or if finances are disputed between the parties.
Emotions run high and it is vital that if both parties instruct divorce solicitors that there are attempts both to encourage the divorcing parties to look to compromise.
Some divorces, where there are no children or where children are adults and where finances can be resolved amicably, end up being a largely paperwork exercise. Completing the paperwork and perhaps dealing with ancillary issues such as property transfers and changing wills, can be completed very cost effectively for fixed fees. In the case of disputed cases, it is virtually impossible to provide 100% certainty on costs because the solicitors are not in ultimate control, it’s the clients. However, we are able to offer fixed fees for each strategic segment of a case and keep clients fully updated not only on the legal position, the next steps, the possible risks, but also on the likely at that stage.
Common work for divorce solicitors and lawyers includes :
- Advising on legal separation and drawing up paperwork including separation agreements
- Child custody disputes
- Financial issues generally including whether there can or should be a clean break, whether maintenance is a more likely order by the court disputes where either or both parties believe the other is not disclosing all there assets or are hiding assets
- Advising on pension issues which arise on divorce and the various ways in which pensions can be split
- What happens to the family home on divorce
- Divorce mediation
- Child custody issues
Grounds for divorce
English law is essentially non-fault based in the sense that ultimately, one party cannot prevent the other from getting a divorce if he or she is prepared to wait and divorce is simply based oin an irretrievable breakdown in the realtionship. Two of the five facts to prove divorce do indicate fault, being adultery and unreasonable behaviour, and depending on the evidence, there can be some impact on financial findings and particularly child custody issues arising from conduct. The available “facts” to prove divorce are as follows:
- adultery
- unreasonable behaviour
- desertion for at least 2 years
- both parties have been living separately for at least 2 years and they agree to the divorce
Procedure for divorce
The divorce procedure is quite straightforward if there is no defence or dispute and usually take between 4 to 6 months and only really that long because there is a 2 stage process and there must be a gap between the granting of the first stage, decree nisi, and the second stage, decree absolute. where there are children, the process is never this straightforward and any arrangements agreed for child custody must still be agreed by the court also. A fee and accompanying documents are also required.
For further details please see our divorce frequently asked questions (FAQ’s page)