Divorce

As experienced Divorce Lawyers Guildford we are fully aware that each and every divorce is different. The effects on each individual involved can vary greatly, even on a day to day basis. Whilst you all come to terms with your new lives and circumstances life can seem like a roller coaster, with a mixture of good and bad days, rest assured this is completely normal. Each person will be going through their own issues and experiences and will have their own way to handle things. At the early stages there will be many mixed emotions experienced, ranging from relief that something is finally being resolved, through to extreme anger and despair at the loss of a presumed future. Obviously not everyone will experience all of these emotions, but it is important to acknowledge that the divorce will affect all involved on many different levels.

Help from a Divorce Lawyers Guildford and how your credit rating will be affected by a divorce. Your credit report will not be directly affected just through a divorce, after all you are not judged on your credit score by your marital status, so the actual physical act of divorcing or separating will have no direct impact on it.

Here at Gregorian Emerson we are expert divorce solicitors in Guildford, Surrey and can help you with all aspects of your case.

Looking for an expert Divorce Lawyer in Guildford, Surrey?

If you are looking for expert legal advice from an experienced Divorce Solicitors, based in Guildford Surrey, then let us here at Gregorian Emerson Family Law Solicitors help you through the process. If you are planning to apply for a divorce, or looking to dissolve a civil partnership, you will need someone to support you and guide you through what can be an extremely stressful, worrying and upsetting time. We will always give you the advice that you both need and can trust about the things that matter the most - your children, your home and your financial security.

We here at Gregorian Emerson Family Law Solicitors are expert Divorce Lawyers based in Guildford, Surrey and can help you throughout your divorce proceedings.

With our unique legal and psychological approach we will guide you through the process and help you to find a mutually acceptable way forward, with your spouse, that alleviates a lot of stress and resentment that can be experienced at this difficult time.

Many clients make the mistake of leaving instructing solicitors to the last minute, thereby prejudicing their case and the possibility of reaching an agreement.

Delaying seeking legal advice also risks causing unnecessary distress and an increase in acrimony, resulting in unhelpful, negative interactions prior to our instruction.

Clients who instruct us promptly at an early stage in the dispute, feel more empowered and able to manage the process better. Should litigation be necessary, it is essential that the client's unique strategy, based on our joint legal-psychological approach, is pursued from the earliest possible time.

When you contact us:

• Our Principal Solicitor, Richard Gregorian, will be happy to give you an initial 30 minute free telephone consultation to explain how your case would benefit from our unique joint legal and psychological approach;
• If you wish to proceed, having signed our firm's letter of engagement, we will meet with you at the earliest opportunity to obtain a full case history, which enables the joint legal and psychological based strategy to be formulated and agreed by you at the end of the meeting. It is this unique joint legal-psychological strategy which maximises your chances of successfully achieving the objectives you have agreed with us at that meeting;
• Immediately after the meeting, we begin to implement that strategy. You will be able to clearly see the benefits of our joint legal and psychological strategy in obtaining your objectives at a very early stage, thereby ensuring value for money;
• Throughout our instruction, you will be able to telephone or email us in order to discuss your case at any time and to receive appropriate support. We understand that clients may naturally experience significant distress prior to and during litigation or dispute resolution. We, therefore, offer additional psychological support in order to assist those of our clients who feel that they would benefit from this support, which extends to ensuring that they are able to express their case in the most effective way from the witness box;
• Throughout the case, you remain in full control of your legal cost through estimates, regular billing and regular communication. The joint legal and psychological approach has consistently resulted in early settlement in our clients' favour, thereby saving costs.

The Legal Process.

To obtain a divorce you need to follow a set legal process. This page outlines the key stages you need to be aware of. 

Reasons for the divorce

To get a divorce in England and Wales, you need to show that you have been married for more than a year and that the marriage has broken down for one of the following reasons:

• Adultery (that your spouse has had an affair).
• Unreasonable behaviour (that your spouse has behaved in such a way that you cannot be expected to live together).
• That your spouse has deserted you for at least two years.
• That you have been living apart for two years and your spouse also wants a divorce.
• That you have lived apart for five years.

Stages in a divorce

Petition

The divorce is started by one person (then called the petitioner) lodging a petition with the court. The petition is a document setting out details of the marriage, names, addresses, dates of birth of any children and the grounds for divorce. The petition is sent to the court with the court fee (unless you qualify for legal aid). The court will stamp the petition and send a copy to your spouse (who will be known as the respondent).

Acknowledgment of Service

When your spouse receives a copy of the petition, they must fill in a form to say they have received it and that they accept the divorce. This is known as an Acknowledgment of Service. If they agree, your divorce will be known as an undefended divorce. If they say that they do not want a divorce (known as contesting), this will be a defended divorce. If your partner does not return the form, you can pay the court to serve the papers in person (using a court bailiff).

Decree nisi

The court will check the divorce papers and if they are happy with them, will issue a decree nisi. A decree nisi means the court agrees that your reasons for the divorce has been proved. A decree nisi does not mean your divorce is final. You must wait six weeks to apply for a decree absolute.

Decree absolute 

Six weeks and one day after the decree nisi is granted you can apply for the decree to be made absolute (or final), which finally brings the marriage to an end. If you (as the petitioner) do not make an application within three months, your partner (respondent) can then apply for it.

If the other person defends the divorce, there would have to be a hearing at the court or a more convenient court hearing centre but this is extremely rare.

Alongside that process you and your partner will need to work out arrangements for any children and sort out your family finances and housing arrangements.

Court fees

Whether you use a lawyer or not, you will need to pay court fees to get a divorce or dissolution. This is currently £550 in England and Wales. There may also be other fees involved, such as your partner having to pay to answer the acknowledgement of service (currently £245). See the gov.uk website for up to date costs.

How long will it take to get a divorce?

If your partner cooperates the divorce will usually take 4–6 months from start to finish. It can take longer, typically 12-18 months,  if you have child disputes and/or complex finances to resolve.

If you are looking for an expert divorce lawyers in Guildford, then give Gregorian Emerson Family Law Solicitors  a call today on 01483 826 470

Based in Guildford and Cobham, Surrey and Central London, we can help you. If you have a family dispute that needs resolving, we are here to help and look forward to your call.

An interesting new study from the US has looked at the thought process people go through when considering whether to break up with their partner.

The different factors that can affect the success of a relationship or the likelihood of a marriage ending in divorce still appear to be popular areas of study for researchers. While some of these factors can seem quite obvious, others would appear on the face of it to have less of a direct link to relationship happiness.

New analysis has shown that private pension wealth is the biggest component of household wealth in the UK, and has highlighted how important it is that this wealth is separated fairly in the event of divorce for the future financial well-being of both parties.

The Office for National Statistics has recently published details of the number of divorces that took place in England and Wales during 2015.

A new study by Prudential into the impact of divorce on retirement income has found that retirees who have gone through a divorce will generally have a lower income than those who have never divorced, and are also more likely to be in debt.

A new piece of research has given an interesting insight into the most common reasons why marriages or cohabiting relationships breakdown.

A high court judge in London has recently given his decision in the long-running divorce dispute between millionaire couple Khoo Kay Peng and Pauline Chai, reports the Guardian.

New research from Direct Line Pet Insurance has revealed that as many as 28% of people would consider putting a prenuptial agreement in place to cover custody of their pets in the event that a relationship breaks down.

A great many divorce cases make their way through the British family courts each year, with the vast majority attracting little or no attention from the media.

As many as one in three parents are apparently reluctant to leave an inheritance to their married children, because they fear the relationship will end in divorce and ultimately result in assets leaving the immediate family.

The latest figures from the Office for National Statistics (ONS) have revealed a fall in the number of divorces that took place in England and Wales during 2014.