- Absence from Work
- Accidents at Work
- Adoptive Parents Leave
- Contracts of Employment
- Compromise Agreements
- Recovery of Training Fees
- Restrictive Covenants
- Flexible Working
- Maternity & Paternity Issues
- Transfer of Undertakings (TUPE)
- Parental Leave
- Work Permits
- Time off for Dependants
- Wills & Probate
- Personal Injury
- Contact Us
Unfortunately, not all marriages are successful. When a relationship has irretrievably broken down i.e. there is no chance of reconciliation, a couple may wish to end their marriage through divorce or alternatively, seek a separation.
A divorce can be a complicated and drawn out process, especially when family possessions including the matrimonial home are to be divided fairly. It is therefore essential that you appoint specialist divorce solicitors to help find an appropriate solution.
One party filing a divorce petition at court usually starts the divorce process. The party who wants the divorce is called The Petitioner and the other is The Respondent. The Petitioner must prove "that the marriage has broken
In order to do so, they must establish one of the following:
2 years Separation by Consent - The parties to the marriage have lived apart for a continuous period of at least 2 years. Consent is needed by the Respondent to a decree being granted.
5 years Separation - The parties to the marriage have lived apart for a continuous period of at least 5 years. No consent is needed by the Respondent.
Adultery - Petitioner finds it intolerable to live with the Respondent.
Desertion - The Respondent has deserted the Petitioner for a continuous period of at least 2 years against the Petitioners will.
Unreasonable Behaviour - The Petitioner cannot reasonably be expected to live with the Respondent's behaviour.
A large proportion of divorces are categorised as 'undefended' and based on unreasonable behaviour, as the grounds to which
the divorce is sought has little effect on how the other issues arising in a divorce are resolved.
How long does a divorce take?
Generally, a divorce has two main stages and the length of time it takes to get a divorce, from beginning to end varies in each
individual case. However, an undefended divorce usually lasts for approximately 3-6 months until the pronouncement of decree nisi.
If there is a dispute over money or children, the process may take considerably longer. The Petitioner will then also have to wait a short period before applying for a decree absolute to legally end the marriage. Our divorce solicitors are qualified to guide you through the complicated process and are prepared to answer any questions you have.
Will I have to go to court?
Once a petition has been made for a divorce, you will have every opportunity to sort your affairs without having to turn to a judge
to make decisions for them. You would only need to attend court if you and your wife or husband were unable to come to an agreement. If both partners can agree over finances, and arrangements for their children (if they have any), then a court case will more than likely be unnecessary. What is a Decree Nisi and a Decree Absolute?
When the District Judge is satisfied that the appropriate arrangements have been made, that all info is correct and that the marriage
has been broken down and is past saving, the judge will grant a decree nisi (the first stage in obtaining a divorce), six weeks later the person seeking a divorce can apply for a decree absolute. When this is granted the marriage comes to an end.
How much will it cost me?
A straight forward divorce will cost you in the region of £1000-£1500. We offer a fixed fee divorce on the basis that
there are no finances or children matters to be dealt with at a fixed fee of £990.00 plus VAT. In addition to that fee you have to
pay a court fee of £340.00 to issue your divorce petition and a fee of £45.00 to apply for your decree absolute to
finanlise your divorce.
Should you require further advice in regards to the above, please fill in the form on the right hand side of this page and we will contact you as soon as possible. Alternatively contact us on 01904 642727 for your FREE 30 minute consultation at our York, Leeds or Harrogate offices.