Divorce

Despite divorce statistics remaining high in the UK it is not generally a decision people take overnight.

Normally a lot of thought goes into deciding to to divorce and often something may have to happen to be the ‘last straw’. On the other hand, there are those who had no idea their partner was contemplating a divorce and are suddenly faced with an uncertain future.

Going to see solicitors to give you an idea of what your future is going to be like is the next step. Whatever your circumstances, you will be advised in light of your position, you will also find support in your decisions and guidance through through the divorce process, matters will be dealt with in a conciliatory way where possible and appropriate.

Before you can embark on a divorce, you must have been married for at least a year, unless your never consumed the marriage.

The court will only grant you a divorce if a judge agrees that your marriage is at an end. The legal term for this is ' irretrievably broken down'. You must satisfy the court that one or more of the following is true as proof that your marriage is over:

  • Adultery by your husband or wife
  • Unreasonable behavior by your husband or wife or civil partner
  • Two years' separation, if you both agree to the divorce
  • Five years' separation, if there is no agreement to the divorce
  • Desertion for a period of at least two years (rarely used in practice because it is so technical and usually any of the other facts can be quoted)
The Court will charge a fee for dealing with your petition and the whole process can take 4 to 6 months. If financial matters also need to be dealt with then the application for the final decree of divorce is likely to be delayed to protect your financial position.

The emotional impact of a divorce can leave you drained and the legal aspects can seem daunting and confusing. At Pinto Potts Solicitors we will help you find pragmatic solutions so that you can get on with your life.

What can you expect at our first meeting? We will listen to you to obtain the relevant facts, then advise on the various ways of resolving your problems including using mediation and/or negotiation alongside court proceedings. We will explain how our fee structure works and find out whether you are eligible for legal aid. Then you can decide whether Pinto Potts are the right choice for you.
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