We encourage our clients to envisage the perfect future…. and then we help them achieve it.

Divorce can be an emotionally difficult and overwhelming time for both you and your family, which is why it is important to have a highly competent and trusted solicitor by your side during this process.

At Grayfords, our lawyers dedicate themselves to fully understanding and carefully devising the best possible legal advice for your situation. We aim to minimise the stress and worry associated with this period, allowing you time and energy to focus on your family and your future. Our approach focuses on caring and pragmatic client service that is transparent and efficient, resulting in a less time-consuming and more cost-effective experience for you.

Your Grayfords solicitor has great command and experience in matters which often arise in applications including:

  • Divorce and Separation
  • Pension Sharing
  • Child Matters
  • Asset discovery/ protection
  • Financial Settlements
  • Property ownership

Frequently asked questions

The minimum time requirement for filing for a divorce is one year after the marriage ceremony.

Usually, one or both parties should be domiciled or resident in England and Wales, yet even if that is not the case, you may still be entitled to divorce here.

Divorce proceedings can be initiated once a party has proven irretrievable breakdown of the marriage. This can be proven through the presence of one of the following:

  • Adultery
  • Desertion
  • Unreasonable behaviour
  • Two years’ separation with consent of the other party
  • Five years’ separation (no consent required)

Certain legal requirements must be met before divorce proceedings can commence, which means that failure to meet such criteria could halt a party from divorcing in England & Wales. Such legal requirements remain the same for mixed and same-sex marriages and failure to meet these could mean that a party might be unable to divorce in England & Wales.

Nevertheless, it is important to note that new divorce laws are scheduled to be introduced in 2022, which means that if you do come to get divorced after then, the grounds for divorce will not be the same.

Generally, no. You will most likely only be required to describe the situation you find yourself in.

It is possible, however, for the other spouse to attempt to challenge these facts so as to deny marriage breakdown. Although the latter is rare, when it happens, a different procedure will follow.

In general, no. The legal requirements for mixed and same-sex marriages are essentially the parties in a same-sex marriage who meet such requirements can file for a divorce in the same way. As such, parties who entered into a same-sex marriage can equally file for divorce in England and Wales provided all legal requirements for a divorce petition are met.

One difference, however, should be noted. In the case of same-sex divorces, parties are unable to use adultery as a way to prove irretrievable breakdown of a marriage.

Not necessarily. In fact, in England and Wales, divorce tends to be an on-paper exercise with only a small percentage of cases ending up in court. In some instances, however, it can happen. For example, in the case of a dispute around whether the divorce should go ahead or the basis on which it should go ahead, parties might need to go through the court process.

Nevertheless, most times matters are dealt with through mediation and negotiations, allowing parties to save time, money and reduce stress. For these reasons, our solicitors’ aim is to use cooperation and expertise to facilitate your divorce process.

If you believe that divorce is not the right decision for you, our solicitors can help you figure out an alternative to it. These are some possible arrangements we can advise you on if you are not ready to undergo a divorce or do not have sufficient grounds to prove its validity:

  • Counselling
  • Separation
  • Post-nuptial agreements
  • Reconciliation
  • Therapy

Along with divorce proceedings comes the need to settle other areas of your life, such as finances and child matters, if you are a parent. At Grayfords, our solicitors are experts in all areas concerning family law and will be able to guide, support and advise you through all of these further agreements so as to ensure you that all of your matters are tackled to exceptionally high standards.

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