We encourage our clients to envisage the perfect future…. and then we help them achieve it.
Separation and divorce are an emotionally difficult time for both you and your family. It is vital that you seek legal advice from experienced divorce lawyers as soon as possible so that you are fully informed of your options and what your rights will be going forward.
Our divorce lawyers in London will take the time to find out exactly what your story is so that we can give the best possible advice for your individual situation. Having an expert to rely on will minimise the stress and worry associated with your divorce and will allow you to focus on your family and your future. Our aim is to provide you with an efficient service that minimises delay, resulting in a more cost-effective process for you.
Your Grayfords solicitor has great command and experience in matters which often arise in your application including:
- Divorce and separation
- Child matters
- Financial settlements
- Pension sharing
- Asset discovery/protection
- Property ownership
What are the grounds for divorce? Can I get divorced?
The minimum time requirement for filing for a divorce is one year after the marriage ceremony.
One or both parties should be domiciled/habitually resident in England and Wales. Even if neither of you are based in England and Wales, you may still be entitled to divorce here and a solicitor can help you work out how best to proceed.
Divorce can be filed for once a party has proven irretrievable breakdown of the marriage. To prove this one of the following must be present:
- Behaviour such that the marriage can’t continue (often called unreasonable behaviour)
- Two years’ separation with consent of the other party
- Five years’ separation (no consent required here)
There is normally no need to provide evidence to the Court, only to describe the situation you find yourself in. Once one of these facts is established, then irretrievable breakdown may be presumed. It is possible that any of these factors could be challenged by the other spouse to deny marriage breakdown, and a different procedure follows that. However, it is very rarely used and there are few defended divorces.
There are certain legal requirements that must be met before divorce proceedings can commence. Failure to establish/meet these criteria could mean a party will be unable to divorce in England & Wales. The legal requirements remain the same for mixed and same-sex marriages.
Parties who entered into a same-sex marriage can file for divorce in England and Wales provided all legal requirements for a divorce petition are met. The court must have the jurisdiction to deal with the divorce proceedings by proof of either habitual residence (where most of your daily life tasks are conducted e.g. property, child’s education, taxes, where mail is sent, etc.) or domicile (where you consider your permanent home or based on the domicile of your father).
In a same-sex marriage, divorce could happen where one party has been habitually resident in an EU member state, an EU member state national, or settled in the UK or Republic of Ireland.
It is worth noting that adultery and some jurisdictional factors are not grounds for divorce in same-sex marriages.
High Net Worth Divorce
Sometimes partnerships and relationships do end. And sometimes, they don’t end well. Together, we can find the answers, so you can make informed decisions. Together we will plan a course of action, so you’ll have better options. We offer you all the services you will ever need so together we can work to get your life back on track.
Will I need to go to court?
Divorces are handled in the Family Court. Legal advisers in divorce centres around England and Wales are able to handle divorce proceedings following being overseen by a judge. Divorce is largely an on-paper exercise in England and Wales. In a few cases, if there is a dispute as to whether the divorce goes ahead or the basis on which it goes ahead, it could lead to a long drawn out court process. Often times however, matters are dealt with through mediation and negotiations, and parties are left better off in terms of time, stress and money as compared with costly and lengthy court proceedings. Our solicitors aim to facilitate your divorce process as swiftly as possible and with cooperation and our expertise, that is a great possibility.
What if I’m unsure about a divorce?
There are a few alternatives available if you do not want a divorce. Our solicitors can advise and make.
Arrangements for the following if you do not want to go through the permanence of the divorce or do not have sufficient grounds to prove validity of a divorce.
Possible alternatives to divorce:
- Separation (which can be put on a formal footing by way of a Judicial Separation)
- Post-nuptial agreements – to assist with feeling more financially secure
Divorce can often be a difficult and distressing time for clients, but at Grayfords, our seasoned experts do their best to ensure that this process is as swift and painless as possible.