Outstanding legal advice is essential when you are considering a divorce lawyer in Guildford and here at Gregorian Emerson Family Law Solicitors, we can provide you with expert legal advice using our unique psychological approach and in depth analysis to fully understand your dispute.
When marital disputes arise within couples, emotions run high and rash decisions can often be made. This is why divorce law can be an area fraught with animosity and bitterness. It is also why choosing the right solicitor, to advise and guide you through the process, is one of the most important decisions you will make. With our experience we will help to ensure your divorce is as straightforward as possible. We are experts at making the process as smooth as it can possibly be, whilst also being able to fight your corner if the need arises.
Gregorian Emerson Family Law Solicitors are experts in all areas of divorce and family law and using our unique legal and psychological approach to fully understand your own personal circumstances, we will help to maximise your chances of a successful outcome, whether that be in reaching agreements, mediation, or litigation and supporting you throughout the process. Our testimonials speak for themselves.
What are grounds for divorce in the UK?
In legal terms, the only ground for a divorce is on the basis of ‘irreconcilable breakdown of marriage’. This can be based on either, adultery, unreasonable behaviour, desertion for more than 2 years, 2 years separation with the other party’s consent or 5 years separation.
Unless you are basing the petition on 2 years separation you will not require the other party’s agreement. Usually the divorce process takes between 3 to 6 months and often no court attendance is necessary during the whole process. If your divorce is straightforward, we can move quickly to help you to arrive at a conclusion as soon as is possible.
How do I apply for a divorce in the UK?
You can apply for a divorce by submitting a Divorce Petition to the Family Court in your area. The Petition will need to include full details of your marriage and the reason for your divorce. Once the Petition is submitted to the Court, the Petition will be sent to your spouse to respond. After this stage there are 2 further applications for the Court to process; these are for Decree Nisi and Decree Absolute. The Decree Absolute marks the end of your marriage and this document will replace your marriage certificate.
Do you need the consent of your spouse to obtain a divorce?
If you wish to divorce on the basis that you and your spouse have been separated for over 2 years, then your spouse will need to consent to the process. However, if you have reasons to believe that your spouse will not agree to this, then you may wish to pursue the divorce based on alternative grounds such as your spouse’s behaviour, as a petition based on behaviour will not require their consent. We will discuss all this thoroughly with you before you make the decision.
How much are the court fees for obtaining a divorce?
There is an initial Court fee payable of £550 when the paperwork is submitted to the Court. You may however be entitled to a discounted fee or an exemption if you are in respect of a low income or state benefits.
Do you need to have been married for a minimum amount of time to apply for a divorce?
Yes, there is a legal minimum requirement of one year of marriage before a divorce can be applied for. However, if you have been married for under a year then you may be able to apply for an annulment instead, if you meet specific criteria, such as non-consummation of the marriage.
What if I cannot find my spouse? Will I still be able to get divorced?
Provided there have been some efforts made to try to locate your spouse then it may still be possible to proceed with the divorce. In practice, an application will need to be submitted to the Court to dispense with service. If granted, this will mean that you should be able to obtain your divorce without locating your spouse.
When are you legally 'divorced'?
This will be once the Decree Absolute has been pronounced.
How do we separate our Finances?
A Decree Absolute will bring the marriage to a legal end in England & Wales, but it does not end the financial commitments that exist between the couple. In order to end matrimonial financial commitments and to protect finances in the divorce then a Financial Order from the Court, such as a Clean Break Order, would mean that each person's financial affairs are completely separated from each other.
Sorting out any financial issues is vital for your future and the future of your children.
Whatever your situation, we are here to help you.
For expert Divorce Lawyers in Guildford, Surrey please feel free to contact us here or call us on 01483 826470 for any further advice or questions.