Deciding to divorce or end your relationship by way of separation is often traumatic and rarely straightforward that’s where we come in providing you with the best legal advice and support so your separation goes as smoothly as possible.
The rules for unmarried couples who are facing separation are quite different from those for married couples. There seems to be a kind of urban myth that once a couple have lived together unmarried for a certain period of time that their rights and status as a couple becomes the same as for a married couple.
Despite a lot of pressure for reform of this point, sadly it is not the case under UK law that cohabitees have “marriage rights.”
If you are in a relationship which is breaking down and you are not married you really need to get professional assistance to guide you through the potential patchwork of different laws and to create a separation agreement for you to get the outcome you are hoping for.
If you have jointly owned asset and finances and especially if you have children together, you will need a competent solicitor to advise you through all the steps of a separation that you need to take to get the right agreements and outcomes for your family.
Call Annette and her team who will provide you with the best separation advice.
In most cases, the emotional and mental turmoil connected with separation is what can make divorce difficult, especially with children and assets involved. This is completely understandable as it is something we take very seriously at Brendan Fleming Solicitors.
The filing of the petition itself consists of completing an official document in triplicate.
Once your spouse has been served, or files the acknowledgement of service, you will apply for Decree Nisi. It is then up to a judge to decide if you have adequate grounds for divorce. If so, the judge will issue the decree nisi. At this point you are still legally married. A decree nisi (from the Latin nisi, meaning “unless”) is a court order that does not have any force until a particular condition has been met, such as a subsequent petition to the court relating to other procedures or the passage of a specified period of time.
Once the decree nisi has been granted, you will be able to apply for Decree Absolute after 6 weeks and 1 day if you have been advised to do so which is dependent upon the financial issues. Shortly after this, the decree absolute should be issued. The decree absolute is a binding court order, which means at this point you are legally divorced.
We also know that costs are very important when making the decision to divorce and this is why we have always provided a fixed fee so that you know from the outset what your divorce will cost you and we are clear when it comes to our charges from the issue of the petition until the making of the decree absolute.
Speak to our family law team in Birmingham today.
The very first step in your divorce process will be proving that you have sufficient grounds for a divorce. This is a test which must be satisfied before you can proceed with filing your petition to divorce with the relevant family court.
The first aspect is one of time limitation: in England and Wales, a petition to divorce may not be submitted unless you have been married for more than one year.
With the time limitation satisfied you then need to prove you have “grounds for divorce.” In our country there is only one basis upon which a divorce may be approved and that is the “irretrievable breakdown” of your relationship.
There are five main ways a relationship can be considered to have broken down so much that it cannot be repaired – these are the reasons the Courts will accept. Only one of the below reasons is required:
1) adultery (please note that in the case of a same-sex marriage, this reason may only be cited where the adultery has occurred with a member of the opposite sex.)
2) unreasonable behaviour
3) desertion – for a period of no less than two years
4) lived apart for at least two years (with consent)
5) lived apart for at least five years (without consent)
If you are in any doubt about whether you have grounds for divorce or indeed which ground would be the most suitable then our solcitors can help you.
In the UK there are just five grounds for divorce. These grounds must be able to prove that the marriage has irretrievably broken down.
In the UK adultery is still defined as sexual intercourse between consenting man and women, one or both of whom are married to another person. It does not currently include same sex intercourse or any other form of sexual gratification. It also does not include unfaithfulness prior to marriage. In same-sex marriages, adultery still means sex with a member of the opposite sex.
To cite adultery as grounds for divorce you must not have lived with ex for more than 6 months after you found out about it. And, you found it intolerable to live with your spouse and this is your reason for living separately.
We generally advise not to name the 3rd party publicly, as it can have a negative effect on the best outcome for you.
Unreasonable behavior is cited for almost half of divorces in the UK and most “instant divorces.
The first point to understand is that irreconcilable differences is not grounds for divorce and does not automatically mean unreasonable behaviour. Two outcomes need to be shown:
Again, since the last act of unreasonable behavior you must not have lived together as husband and wife for more than 6 months and this has to be a reason for living separately.
Unreasonable behavior, is by far the most common ground for divorce cited in a divorce petition.
Desertion, Two years separation or Five years separation:
These are all time based – desertion means your spouse has left without your agreement, without a good reason and you must show that you have tried to prevent your partner leaving or have sought to reconcile during that period.
Two years separation is sufficient if both parties agree to divorce. You cannot defend a 5 year separation petition although you can apply to delay a Decree Absolute for various reasons including financial hardship.
It is important to understand that it is very rare for grounds for divorce cited to have any effect on dividing matrimonial property or with regards to arrangements with children. We can advise you as to whether or not this applies to you.
I approached Brendan Fleming because my previous solicitor was losing my case. Brendan kindly took the case on and since that day I have felt like a heavy weight has been lifted from my shoulders. He gave me hope that my children would be returned home and has been nothing but the complete professional. He has travelled from Birmingham to the South Coast to represent us and I totally understand why so many people recommend Brendan Fleming: he truly is one of the nice guys. I would recommend Brendan Fleming to anyone going through the situation that we have. Our whole family are eternally grateful to Brendan, what a guy!!
I just want to say thank you very much for everything you have done for me and my on. And I will definitely contact you again when the time comes. Eva, Smethwick I would like to thank your good self for the good work that you have done over the last few days, as you are the best of the best. I am very lucky to have had someone as good as you. Thank you so much. I will be recommending you to anyone that needs the help that you have given me and my family. To you and Brendan Fleming, thanks again. I know I got the best help from you. I would like to thank everyone that has worked on my kids’ case and for all the good work that you have all put into this case; specifically, Jack, who has done a lot over the last twelve months, both in person and by phone. I know you have done all you could for my family. You will never be forgotten. I would recommend you to anyone. You are the best in Birmingham.
I felt I was in a desperate situation and was really pleased that I was able to be seen straight away. All my questions were answered. I also felt reassured and that I had been given my self-belief back. “The prices at the Brendan Fleming Solicitors are very competitive. Usually solicitors can be quite intimidating but Brendan was very friendly. Craig Brendan Fleming Solicitors is absolutely brilliant, so much better than I could have expected. The support is fantastic, you are always kept informed and you really cannot fault them. Every member of staff gives a fantastic service. I have been thrilled with everyone. I would definitely recommend them. Charlotte I didn’t know what to expect as I have never dealt with a solicitor before. I found the service very professional and polite. Brendan Fleming Solicitors has ticked all the boxes so far.
After an appalling decision by the mediation and being badly let down by the solicitor representing me, I thought everyone was against me. I felt so low. Nobody cared. “Then a friend of mine told me about Brendan Fleming Solicitors, so I made an appointment. At the first point of call I met Brendan: he was very professional, reassuring and confident. He made me feel very welcome. He guided me through the process. First class service. I feel as if I can now move forward with confidence, now knowing, at last, that I have someone to back me up with my case. Thank god. I’ve had the first night’s good sleep in two months. Thanks again.”
Brendan fought extremely hard for my daughter; she would have been very proud of him had she been there in the court room: any child would be proud of they way he fought. Children everywhere should know what he did for my daughter. I had two previous solicitors, neither of whom fought for me; but Brendan did. Firstly, he believed in me when other solicitors didn’t; but secondly, he fought so hard on my behalf. He looked into my case and spotted vital things that the experts had missed. He fought with sheer hard work and determination. I have never seen a better family lawyer in my life and can’t thank him enough. I couldn’t have had anyone better and I would recommend him to every mother. This is more than just a job to him. I can’t get over it. All I can say is that he is an angel from Heaven.
We have been exchanging e-mails with Denise Robertson from TV’s This Morning, who holds Brendan Fleming in the highest esteem. We sent several e-mails telling her of our situation with our 3 children being taken into foster care. She was very supportive & understanding of our circumstances. As a result of Denise’s help, Brendan took on our case at a very late stage, when no other solicitors were willing to proceed with matters further and for that we cannot thank him enough.
I am very pleased with Brendan. He doesn’t fail you at all. You walk out of there more than happy. I am quite a nervous person but, with the way that Brendan is, I always feels so more assured.” Gemma was brilliant as well.
I have had my 5 children removed from me. The day I came to Brendan Flemings for help, I passed out outside the office. I was in a very dark place and felt that suicide was my only answer. Today, because you listened to me, because you believed in me and because you supported me, I am now a far cry from the woman who first walked into your office. I have a positive outlook and I am thinking in terms of ‘when I have my children back. I know I have a fight in front of me but now I know I have someone in my corner who believes in me, which makes all the difference.
I watched the video of Brendan at the Stop Forced Adoption conference and thought ‘I want him to be my solicitor.’ After the appointment with Brendan, I felt like a weight had been lifted from my shoulders.
More was done in one appointment with Brendan than my previous solicitors did in nine.
After being plunged into what can only be described as the most traumatic situation an innocent mother can experience, I made a call to Brendan Fleming solicitors. It turned out to be the best call I ever made. I was overwhelmed by the kind and friendly attitude of Sue Hayes who handled my call at a most unsociable hour and who gave me very practical advice at a time when I was highly emotional and not thinking straight. She gave me the strength to fight against a very confusing system and to get my daughter home where she belonged. Brendan Flemings were my solicitors from 1987 until 2001 and I couldn’t have wished for a more pro-active, professional team. Brendan himself was so reassuring during what was often a very stressful time of my life. My sincere thanks to him and all of his team. I have children who are, in the main, happy and well-balanced, now with children of their own. I am proud of them all and none of it would have been possible without you. Thank you.
I went to Brendan Fleming on the recommendation of a friend and I wasn’t disappointed in my choice. I met with Annette Woodall and she talked me through all the costs of what a divorce could be which can be a little intimidating at first. Then I left it too her and she done all the work necessary to complete my divorce whilst managing to keep the cost down too less than £900! You hear a lot of stories about high solicitors charges but Annette got me a great result while avoiding to break the bank!
I was recommended to Annette by a family friend who had previously worked alongside her and highly regards her and her work. From the first meeting, I felt extremely comfortable dealing with Annette and appointed her immediately. Her no nonsense, matter of fact and down to earth approach was refreshing as was her wealth of experience. I had previously met a couple of other solicitors to enquire about handling my divorce, but none of them made me feel as at ease as Annette did. Her no nonsense approach was extremely reassuring particularly when I had to deal some demands my ex-husband made after mediation had taken place and the financial arrangement signed. She was able to advise me and reassure me – it was great to have someone who was ‘on my side’.
I feel confident that I will be able to get the result that I want with Jennifer as my solicitor. The case is going well and I am always kept up to date with what’s going on. The advice given is fine.
I am very pleased with the service. I have no complaints. I am very happy with Annette.
I was very pleased with the service I received from both Annette and Brian. They were both efficient and were good at putting me at ease. Brendan was also very efficient and pleasant in his manner.
Annette has helped me in my divorce over a period of one year. She is really professional and I am very confident in her. She is very straightforward in her explanations, always making things clear, even though it is a very complicated divorce. I am given the best advice at all times and I am really happy with her service.
Annette was brilliant, she talked through everything. She said that obviously divorces are very daunting and scary but Annette always talks things through and makes sure that I understood what was happening and has always been amazing throughout the process. I always felt fully updated and loved the fact that anything which didn’t make sense to me or which I didn’t understand was explained.
I was recommended to Annette at Brendan Fleming by a colleague as I was seeking an expert in legal divorce proceedings. Annette and her team provided an excellent service throughout the process. They were always responsive and pro-active but most importantly sensitive to my requirements and very practical and objective in their guidance and support. I would certainly recommend Annette and her firm to anybody seeking a professional and yet personal service.
Annette Woodall proved to be invaluable in my recent family disputes she was experienced , dedicated and understanding, I felt even though she was under pressure from the other side , Annette kept her cool and pressed ahead in a professional and reliable way I would highly recommend Annette’s services to anybody who has had the unfortunate twist of fate and who find themselves needing representation in the Family courts , I can not praise her enough and remain eternally grateful that I was represented by somebody who gets the job done.
I would like to take this opportunity to say a huge thank you Salvia, for all of your efforts. You were very understanding, empathetic and non-judgmental regarding my situation and handled the case very well. I would definitely recommend Brendan Fleming Solicitors to anyone looking to be represented by a high-quality professional service.
I was first attracted to Brendan Fleming by their philosophy of non-confrontation in divorce and a conciliatory approach as described on their website – and goodness knows divorce is a stressful process – so I found this rather appealing. Annette Woodall represented me and I cannot praise her highly enough. She epitomises the Company’s values and I found her to be both rigorous and hardworking in helping achieve a workable and realistic outcome. She was always the consummate professional, exploring all angles and making sure nothing was overlooked and never baulked at going that extra mile. Annette also showed great compassion and humour that helped me retain my sanity in the divorce process. I would not hesitate to recommend Annette as a highly skilled, personable and professional divorce advocate.
I would like to say a big thank you to Brendan Fleming Solicitors and especially Charley Kelly for all the help and support over the last three years. I first contacted Brendan Fleming Solicitors in 2013 when the local authority were seeking removal of our son. Charley Kelly is great, she gave us great support she’s there day and night she has done all the statements attending court always there when we need to ask advice she never judges she tells us the truth she never hides anything she thought for a year with us to get our son home we have now had him home for two years on a care order plus parent reg now the local authority are trying yet again to remove our son and we have yet again turned to Brendan Fleming Solicitors as we know from experience this firm is 100% about keeping children with their families.
Your company has helped me out so much and I’d come back again again and again. I am so grateful to everyone who has helped me out with my case…and I am so glad that Charley Kelly ain`t leaving cuz she is really good at her job
Without your support and fantastic knowledge into the care system etc and doing all the ‘behind the scenes’ work to fight for me and my children I wouldn’t be here in a better place. I’ll always be grateful to you and Mr Pearce.
My husband and I appreciate all the support and hard work very much that both Dawn and Gemma gave us during what has been the most traumatic experience of our lives to date. It will never be forgotten…. Despite never being directly accused of anything ourselves, we have had two of our children removed and in some way still feel as though we are guilty until proven innocent. It has been hard to comprehend. Perhaps I could give credit to your organization for being ‘that listening ear at a time in need,’ being readily available at all hours, going above and beyond the call of duty and supporting us. At times, I’ve been sick of the sound of my own voice; God only knows how Dawn and Gemma must feel. They are a credit to your business, representatives to be proud of and they never fail to impress. A genuine thank you from us both.”
Dawn, I can’t find the words to express how I feel about what you have done for my family. I can’t thank you enough. If only I knew than what I know now: that the most important thing is to have a good solicitor. And you are the best: I never would have got my boys back if it weren’t for you. I have learned so much in the short space of time in which you represented me. Thank you till the end of the numbers.
You have done so much for me and been there whenever I needed to speak. I have included a picture of my daughter which you can keep if you like as reminder of how happy you have made her mummy and how happy I am that I decided to go with your firm. Thank you so much, Dawn. There will never be enough I can do to repay you.
I get on really well with Dawn; she will help me whatever the problem. We meet up every week. Her work is brilliant: I feel so much more support than I did from my previous solicitors. I’d definitely recommend her for employee of the week; she is a great solicitor.
Dawn is absolutely wonderful. I wish we had gone with her from the start. Compared to her, our previous solicitors were ‘professional losers.’ I would definitely support an application for Dawn to be made employee of the week – she deserves it.
Dawn is absolutely fantastic. I would never have got so far without her and now I am really close to getting my daughter back. I would not be where I am now without Dawn and Brendan. Dawn works every hour God sends to help your case. I keep recommending them to other people in my situation. Keep up the good work!
Dawn is truly a wonderful person, she has gone the extra mile for me and my children; she is always at the end of the phone, anytime of day or night; and has worked relentlessly to get my children back home to me. She always made me feel hopeful and is a complete professional and warm human being. Dawn arranged an Independent Social Worker Assessment which was in our favour, for which I cannot thank her enough. I know that it is only due to Dawn and Brendan, along with the work that we have done as a family, that my children are coming home. I am so happy!!
I am so confident in Dawn and Brendan. Every day I speak to them, I believe more and more that, one day soon, my daughter will be back home with me. They are very passionate about their jobs and I would recommend them to anyone as solicitors. I owe them so much already. They are fantastic.
At the appointment excellent advice was given and I am really happy with the service so far. Charlotte is dealing with my case and she is really helpful.
Thank you for believing me, the advice and support you gave me has meant that L-M gets to stay in my care. She means everything to me, you have changed our lives forever.
Thank you for all your help, I kept my son because of you. I will never forget that.
I just wanted to email to say thank you for the support. I have absolutely no doubt that if I had gone to a different firm or had a different solicitor, my child would not have come home to me. I am so grateful that you listened to me. I know there were some difficult conversations but I fully accept that they needed to take place. Your advice was spot on. I cannot recommend you highly enough!! Michaela is and was wonderful. Thank you always and forever.
I could not have done this without Michaela, she has undertaken so much work and progressed this case, it has not only helped me but the children so much, I could not be more happy with how I have been represented. Michaela has always kept me informed and explained the law and the process in a way that I understand. I would have no hesitation in instructing Michaela again in any other family matter and I would highly recommend her and the firm to others. Michaela has gone above and beyond, because of her work the children are now placed in my care.
Michaela Beale is an exceptional solicitor and were a member of my family to require the services of a lawyer in a care case, I would recommend her as a ‘go to’ representative. From the work I have done with her, it is clear that she is consistently practical and proactive. When challenging a local authority in a case, this robust approach is vital in ensuring that the clients position is optimised. Michaela’s judgement in proceedings is unparalleled and she always manages to combine efficient professionalism with a human touch.
My experience of working with Michaela has been absolutely positive. She keeps me up to date and responds quickly to my enquiries and requests. She is easy to work with and very courteous. It great working with her.
Michaela is really great. She is helpful and supportive and was there when I needed her. She did a great job.
Michaela is really good, helpful and very friendly. She has given me an excellent service and I would definitely recommend her to others.
Thanks to you and your team for all of your help: you are the best solicitor I have ever had!
Vicky and Michaela are very good and helpful. They always come back quickly with information I have requested and they are very accommodating to me.
Michaela was brilliant, she was absolutely fantastic and was a good sport who gave 100%. She was very helpful and explained things very well. My son has learning difficulties and Michaela explained things so well to him that he understood everything. She was very helpful and did an excellent job. I would recommend Brendan Fleming Solicitors straight away.
Three years ago I would have never have dreamed that I would have all three children in my care. Michaela did an excellent job and managed to keep the children in my care. My advice is always listen to your solicitor. That’s what I did. 99% of the time Michaela was right; but if she said something that I didn’t agree with, we sat down, got our heads together and came up with a different solution. I have all three children in my care because I listened to my solicitor. I would definitely recommend Brendan Fleming Solicitors as firm; but in particular I would recommend Michaela as a solicitor and Ed Pearce in the Court.
I would like to say a big thank you to Brendan Fleming Solicitors and especially Charley Kelly for all the help and support over the last three years I first contacted Brenden Fleming solicitors in 2013 when the local authority was seeking removal of our son. Charley Kelly is great she gave us great support she’s there day and night she has done all the statements attending court always there when we need to ask advice, she never judges, she tells us the truth she never hides anything. Charley fought for a year with us to get our son home we have now had him home for two years on a care order. Now the local authority are trying yet again to remove our son and we have yet again turned to Brendan Fleming Solicitors as we know from experience this firm is 100% about keeping children with their families.
This is a document that confirms that the Court are satisfied that the marriage has broken down and can be finalised upon the making of a Decree Absolute.
There is only one ground for divorce and that is that the marriage has broken down irretrievably. The person who starts the divorce proceedings is known as the “Petitioner” and his/her spouse is called the “Respondent”. To satisfy the Court that there has been an irretrievable breakdown the Petitioner must prove one of the following 5 facts:-
(a) The Respondent has committed adultery (this does not apply to same sex marriages)
(b) The Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the Respondent.
(c) The Respondent has deserted the Petitioner for a continuous period of at least 2 years immediately before the start of the divorce.
(d) The parties to the marriage have lived apart for a continuous period of at least 2 years immediately before the start of the divorce and the Respondent consents to a Decree being granted.
(e) The Parties to the marriage have lived apart for a continuous period of at least 5 years immediately before the start of the divorce.
The Court will send copy of the petition to your partner together with an Acknowledgement of Service Form. This form must be completed and returned to the court which proves service of the Petition.
Defended divorces are rare but if a respondent indicates an intention to defend the petition then the form should be returned to the Court within 8 days. An Answer to the Petition will state that they object to the divorce or they dispute facts in it and this is done within 28 days of receiving the Petition. It is rare for divorces to be defended and extremely costly.
Should the Acknowledgement form not be returned then your partner may need to be served personally. Once the petition is served or an acknowledgement form received you can apply for your Decree Nisi. A date for this to take place will be fixed by the Court. This is the point at which the District Judge looks at your Petition and decides whether you are entitled to a divorce.
If an Answer to the Petition is filed you will not be able to apply for Decree Nisi immediately, instead upon application the Court will list a Case Management hearing to consider how the case should proceed.
Once the Decree Nisi has been pronounced you can make your application for the Divorce to be finalised six weeks afterwards and it usually takes 7 – 10 days for the Decree Absolute to be received. You should be consider taking advice from a divorce solicitor at matrimonial and whether you should withhold making an application for the Decree Nisi to be made Absolute until your financial matters have been resolved.
In all, the divorce can take as little as 4 – 6 months from start to finish. In some cases this takes longer if your divorce is defended or there are complex issues to resolve relating to financial and property matters.
Even when there are no financial property or pension issues to deal with and you have no issues regarding your children you should never proceed to finalise your divorce proceedings without taking expert advice even if you are both agreed on all matters, it important in all cases to reflect an agreement in a court order and to consider having a “clean break” order to ensure that neither of you can claim upon the other in the future if your financial circumstances change. You may be lucky and have a windfall such as a lottery win – consider how you would feel if your ex partner decided to make a claim after your divorce is final!
In all circumstances, we recommend speaking to one of our experienced team at BF Matrimonial. Call us on 0800 246 5147 today.
If you would prefer not to divorce at this stage but wish to regularise your separation maybe to resolve issues relating to children or financial matters, there are two options available:-
1. Judicial Separation Petition
2. Separation Deed.
This involves a Court procedure which is virtually identical to that which applies to a divorce. The essential difference is that the Court pronounces a Decree of Judicial Separation rather than a Decree Nisi which means you would remain married.
This process is normally only used when the parties have religious or cultural objections to divorce which is rare but this process allows the court to use its powers to deal with financial matters.
Many couples prefer to reach an agreement about financial matters arising out of their separation without involving any Court procedures at all particularly if they agree to separate for 2 years and divorce in the future knowing that all financial and property issues have been agreed. The way that this can be achieved is for them to sign a written legal document which incorporates the agreement they have reached. Commonly, such agreements deal with confirmation that the Parties to the marriage are to live apart and the manner in which maintenance and all property matters are to be dealt with. An agreement can be reached regarding any sharing of pensions but remember that pension sharing cannot take place until the divorce is finalised and a consent Order is made reflecting the agreement. Whilst there are no restrictions on what can or cannot be included in such an agreement, it is important to bear in mind that should either person make a subsequent financial application to the Court, the Court is not necessarily bound by the financial arrangements contained in the Separation Deed but if both parties have had the benefit of independent legal advice then it is likely to uphold the terms of the agreement. You will need expert advice on the careful drafting of a Deed so that it can be relied upon in the future. The team at matrimonial have considerable experience in drafting these documents.
Cancelling Proceedings / Attempts at Reconciliation
Starting divorce proceedings does not mean that you cannot attempt to reconcile with your spouse, always provided that a Decree Absolute has not been applied for. A reconciliation period of less than six months only puts the divorce proceedings on hold, it does not stop them. If your reconciliation proves to be successful you will need advice from matrimonial as to the dismissal of the proceedings and the return of your Marriage Certificate. However, if you reconcile for more than 6 months and the marriage then breaks down again you would have to file a supplemental Petition or cancel the previous proceedings and start again. You will need expert advice on this procedure and should contact us at matrimonial on 0800 246 5147
Typically, a divorce will take 4 to 5 months from issuing a divorce petition to obtaining the decree absolute. This is as quick as it gets whoever you choose to deal with your divorce for you. It is decree absolute which ends the marriage.
There is a compulsory delay of six weeks between decree nisi and decree absolute. Most of the rest of the delay is caused by delay in people returning the necessary paperwork or in waiting for the court to decide if the paperwork is in order and to fix a date for decree nisi.
A quick divorce always requires the co-operation of both parties. If the other party cooperates and files an acknowledgement of service promptly then the process may be quicker, but a non-co-operative or hostile spouse can seriously slow down the time it takes to obtain decree absolute. Sometimes the other party cannot be found and as a divorce petition usually need to be served on the other party so again this could slow down the process and make it almost impossible to have a quick divorce. Such divorces take time and there are procedural steps to follow if your partner cannot be traced.
The process to obtaining a divorce is explained elsewhere on this site or you can contact one of our friendly team who will talk you through the process and time frames.
Our friendly and experienced team at Brendan Fleming will work with you to ensure your divorce proceeds uncontested so that the process is as painless and inexpensive as possible.
We take pride in dealing with the divorce process in a non-confrontational way as possible and always proceed in accordance with the pre-action protocol to avoid any issues as a defended divorce is that last thing that you will want as this just incurs delays, stress and exceptional costs. Such cases are very rare and if your marriage has broken down irretrievably then an uncontested divorce is the sensible way forward.
So that fees are transparent we also offer a fixed fee arrangement in all cases.
Do remember also that within your divorce proceedings that you and your spouse have rights to make financial claims against each other.
The most usual way to deal with these claims is by a Court Order either by consent or by issuing proceedings if mediation has not achieved an agreement. Even where one or both do not wish to proceed with financial claims, maybe this is a short marriage or there are no assets such as a property or pension, an Order should be made dismissing all financial claims. This is known as a “clean break” Order. This avoids any claims being made in the future when there is possibly a windfall or lottery win that could still possibly be claimed against.
If an Order is not obtained, then the claims which each of them have against the other are simply left open. This situation is unsatisfactory in that it creates a degree of uncertainty because it leaves the possibility of one spouse making a claim against the other at any time in the future unless they are caught in the “remarriage trap”.
Always seek advice within the divorce proceedings as to your position now and for the future.