Divorce

Divorce is a brutal word which, for most, will mean an untangling of emotional, financial and family ties; your home your choices and your future. 

We support our clients through the pain, procedure and palaver of divorce and all that goes with it. We are unashamedly on your side, and are successful in identifying your issues and how to resolve them; war or peace.

As your advisors and supporters, we are committed to establishing a full and caring working relationship with you. We are also realists, we do not believe in building unachievable expectations, only to let you down (at a price) some point along the road. 

We have a track record of “winning” by which we mean achieving the outcome our client needs, through the close working relationship we develop together.

We have forged strong relationships with the other professionals that you may need to work with (therapists, barristers, accountants and more) and know how to get the best out of each other.

You are likely to need our help with some or all of the following: 

Children

If you have children, then we can encourage you by saying that the majority of our clients do not need our help in establishing workable arrangements for their children after separation.

Sometimes however, things just do not work out, and we help tackle the difficult situations with kindness and purpose.

More information can be found at Children.

Money

We will achieve the best possible resolution of the financial aspects of your divorce. We will not allow you to be sold short, and understand when to stand and fight, and when to talk.

More information can be found at Financial Arrangements on Divorce.

Ending your marriage

Important: The following applies to divorce proceedings issued before April 2021.

Once you have been married for a year, a divorce can be obtained by demonstrating that your marriage has irretrievably broken down.

To establish “irretrievable breakdown” the court has to be convinced that one of the following has happened: 

• adultery
• behaviour
• two years’ separation and the consent of both the husband and the wife
• desertion
• five years’ separation (consent not required)

The divorce process is simple, but the administration of it is often painfully slow. Almost no divorces are contested, however, if you chose the “behaviour “option, then some care needs to be given to the drafting of the words that describe the behaviour and the impact of it.

International families need our sophisticated advice on the importance of when and where to divorce, under International and Expatriate Family Law.

Nullity

There may be reasons why a marriage is either void or voidable. In this instance, the parties need to apply for a decree of nullity (sometimes called an annulment), rather than divorce. A marriage is void if it was legally flawed from the start, for example if one or both parties was underage, or was already married to another person. A marriage is voidable if there is a reason entitling either party to apply for an annulment, for example if it was a forced marriage, or if the marriage has not been consummated.

Nullity proceedings can be started at any point, including in the first year of marriage. However, the grounds for obtaining an annulment are complex and technically specific.

Judicial separation

If you have a religious or other objection to divorce, it is possible to obtain a decree of judicial separation instead. Applications for judicial separation are unusual, and legal advice should be sought, as the financial and legal implications of judicial separation differ from those associated with divorce, in important aspects.