Divorce
We specialise in providing expert support when it comes to your divorce and finances…
Ending a marriage can be an incredibly tough time – the last thing you want to do is get your head around the paperwork. You’ll need to sort out several things with your partner including: finances, property, childcare and possessions.
We take a considerate and professional approach – so we can offer support and guidance as and when you need it. Contact us on 020 3755 3151 or send us an email to book your appointment now.
What is a Divorce?
You can only apply for a divorce until you’ve been married for a minimum of one year. To carry out an official divorce it must be recognised by UK law and both you and your partner must meet certain criteria. If you both pass these checks and you both agree to the divorce it will be an “undefended divorce.” But if one of you doesn’t agree to the divorce, it’s called a “defended divorce.”
Ground and Facts for divorce
You need to have been married for over a year before you can apply for a divorce.
To apply for a divorce, the marriage must have broken down irretrievably and you must be able to prove one of the following five facts when applying for a divorce:
Adultery
Unreasonable behaviour
Desertion
Two years separation with consent
Five years separation with consent
NB. Individuals of the same sex cannot rely on adultery. No fault divorce is due to come into effect in England and Wales in April 2022.
How to Apply?
You could apply for a divorce in England and Wales via post or online, provided you meet the relevant requirements. There is currently a Court fee of £593.
Need help?
If you consider your marriage has broken down and wish to seek advice in respect of divorce, we can assist you. Do not hesitate to call us now.
What will we need to help you with your divorce?
Before you get started with London Family Solicitor you will need to let us know:
- Grounds for divorce
- Who is applying for the divorce
- A list of you and your partner’s major assets – including pensions, savings, property
- You and your partner’s income
- Details on dependent children under the age of 18 and still in full time education.
How does the divorce process work?
Most divorces are an emotionally draining time. But we’re here to give you all the advice you need. To file for a divorce you’ll need to:
- File a Divorce Petition (giving your name/address, partner’s name/address, names and birthdates of your children and your original marriage certificate.)
- Pay £550 towards a court fee – you can apply for help if you’re on a low income or benefits.
- Send 2 copies of the Divorce Petition to your nearest divorce court, as well as 2 for you and your partner’s records.
- If your partner filed the divorce against you then you’ll need to sign a notice of proceedings form and an acknowledgment of service form – you can either sign to say you are agreeing or sign to say you are defending against the divorce.
- Wait six weeks before applying for the Decree Absolute.
Sorting out finances and
childcare in a divorce
Agreeing on how to share finances, assets and childcare can be a daunting task. But at London Family Solicitor we can help you negotiate finances, division of assets and childcare arrangements with your partner.
Both parents are mutually responsible for supporting the children financially, even if the children only lives with one parent. There are three ways to arrange financial support for children after a divorce:
You can arrange a voluntary agreement/family-based arrangement together. For example, you can split household bills, rent, childcare costs, children’s clothing/holidays and agree to make weekly/monthly payments.
Child Maintenance Service (CMS). If you are divorced and the children live with you, you can apply for CMS financial support. Your partner will contribute a set amount towards childcare costs through the government service on a weekly basis.
Through the courts. You can opt to pay/receive financial support through a lump sum or regular instalments.
Property and Assets
Of course, there are other aspects of a divorce to consider – such as who owns what when it comes to property and assets. There are a few key things to consider when sorting out finances in a divorce:
- Wedding gifts are owned by the partner whose friend or relative gave them Joint ownership of assets and possessions are negotiated by both partners. If you can’t come to an agreement then the court will decide for you.
- Both of you are still entitled to live in your matrimonial home – you can not make your partner leave. However, you can apply for short term rights to your home if your partner refuses to let you in.
General Hints
and Tips
We know a divorce can be an unsettling process. That’s why we have come up with a few general hints and tips to help you and your family out:
- Always seek professional advice if you’re unsure or uncomfortable with any aspect of the divorce.
- Keep in mind the consequences of the divorce on your children and financial affairs. If you’re unsure whether or not divorce is right for you, then seeking family therapeutic support or booking a family mediation session could help you.
- To avoid future disputes, formalise your financial matters and childcare as soon as possible – do not set out to hurt your partner by using children or money.
- If you are not a British citizen then a divorce could affect your right to stay in the UK
If you do go through with a divorce you will need to inform:
- Mortgage lender/landlord
- Council tax office
- Bill providers (gas, electric, etc)
- Tax office (especially if you’re claiming tax credits)
- Benefits office (if applicable)
- Doctor/dentist
- Credit card companies
- Bank
- Current/future schools (if you have children)
- Insurance companies