Divorce & Separation

The quickest timescale for obtaining a divorce is ususually around 6 months in cases where parties are able to come to an agreement quickly. However, the Court is currently facing a backlog with applications which means that cases can take longer. 

To get a divorce you must have been married for at least 1 year and must fulfil certain criteria.

There is only one ground for divorce and that is that the marriage or civil partnership has irretrievably broken down. The person who starts the divorce proceedings is known as 'the petitioner' and their spouse is called 'the respondent'.

To prove that the marriage or civil partnership has irretrievably broken down, a party must rely on one of five facts (or four in the case of civil partnership). The facts are adultery (marriage only), unreasonable behaviour, desertion, separation for a period of two years (and both parties consent to the divorce) or separation for five years (the other parties consent isn’t needed). 

In short, possibly. This will usually depend on what fact you rely on in the divorce petition. For example, if you wish to rely on adultery, you must not have lived with each other for a period not exceeding six months after you found out about the latest act of adultery. There are also other stipulations if you rely on the other facts relied upon in the divorce. Should you currently live with your partner, the divorce petition will need to carefully drafted.

A financial consent order, sometimes called a clean break consent order, details the financial agreement reached by a divorcing couple or a couple that has decided to dissolve their civil partnership. The issues that are commonly detailed within a consent order are the family home, pensions, savings, businesses and maintenance.

A financial consent order may be reached by agreement between the couple or through solicitors. If this is not possible, an application can be made to the Court so that the Judge can decide what the settlement will be.

It is essential that legal advice is sought prior to agreeing such an order. Failure to get it right may lead to significant expense to try and correct any mistakes made.

Find out more about financial consent orders and financial settlements by clicking here

In short, usually not.  However, this is only the case if all parts of the divorce are agreed. Should an aspect of the divorce be challenged by one of the parties, a Court hearing will usually have to take place so that the Judge can determine that issue. It is clearly more cost effective to avoid Court hearings.

If both parties agree the plans for the children then the Court will not seek to change this agreement.

If you cannot agree, then we would advise that you speak to a member of our team who can assist you in agreeing an arrangement that is in the best interests of your children. If an agreement can’t be reached regarding the children, then we can provide specialist advise on making a formal application to the Court.

For more details about Children Law, click here

If the paperwork has been processed correctly, you should receive notification of the date by which you need to have returned the acknowledgment of service to the court. This is a deceptively straightforward form, which can be highly important in cases. It is important that this form is carefully considered to ensure everything is as it should be. We would strongly recommend that you speak to our experience solicitors to make sure you have completed the form correctly.

This will depend whether you start the divorce or are responding to divorce papers.  At Sugare & Co Solicitors we charge as little as £600 plus VAT and the court fee (£550) if you start the divorce and £500 plus VAT if you are responding to a divorce. These figures assume that you both agree to divorce.  Fixed fees are also offered should you require a financial consent order.

Take advantage of our free initial consultation by calling 0113 244 6978 or by using the online enquiry form.

The breakdown of marriage is listed as one of the most stressful things that we can experience in life. Divorce can not only be difficult emotionally, it can also become complex at times. Sugare & Co are here to explain the different aspects of the process to ensure that sure you understand it, whilst also ensuring that the procedural aspects of the divorce are taken care of.

The divorce solicitors at Sugare & Co provide divorce advice in a friendly and digestible way throughout the process. We have close ties to a number of experts in their chosen fields, such as counsellors, financial advisors, pension experts and property valuers, to ensure that no stone is left unturned and you have the support that you need. Our priority is you.