DIVORCE SPECIALISTS

We can advise you of the best way to deal with the divorce process.

The latest statistics show that 42% of marriages will end in divorce. The divorce process in England and Wales is based on the marriage having irretrievably broken down. If the couple wish to get divorced immediately, this will require their divorce to be the fault of one party, either through their adultery or unreasonable behaviour. In the alternative, it is possible to divorce after two years or 5 years of living apart.

We can advise you of the best way to deal with the divorce process in the most cost effective and dignified manner.

Divorce Specialists

If you want to dissolve your civil partnership, you will need to apply to a court for a dissolution order. Your civil partnership must have lasted at least one year before you can apply for a dissolution. You must prove to the court that the civil partnership has ‘irretrievably’ broken down – that is broken down on a permanent basis.

If you are in a civil partnership and want to get married you need to dissolve your civil partnership in order to marry.

You can only start a civil partnership dissolution in a limited number of courts, namely in the Principal Registry of the Family Division in London and the county courts in Birmingham, Brighton, Bristol, Cardiff, Chester, Exeter, Leeds, Manchester and Newcastle. In addition to the application for a Dissolution Order, (the “petition”), there are other documents you need to prepare in order to complete the process.

The dissolution is a two-stage process. The court will first grant a conditional order, and later make that order final. The court process starts when the court issues your applications and sends the court papers to your civil partner.

In a straightforward case where both parties agree the grounds for dissolution and complete and return paperwork quickly a case takes on average 4 – 6 months, and neither party has to appear in court at any stage. If the parties cannot agree or delays are made in the completion and return of papers to the Courts this can extend the time it takes to complete a dissolution.

It will end any home rights you have to live in the former partnership home. This is relevant where the partnership home is owned in the sole name of your partner and you have registered a Notice of home rights against the title-thus preventing your partner from selling the property without your permission. This notice comes to an end upon your dissolution and therefore your partner can sell the former partnership home without your permission.

Any will made before your dissolution will change. If you left your assets to your former partner in your will they will no longer be valid. You will need to make a new will.

It may affect any death in service benefit entitlements from your former partner’s pension.

If you are in a same sex marriage the law applies to you in the same way as for hetrosexual couples.

The court will not automatically look at any issues surrounding maintenance, pensions or capital division, even if these claims are made in the dissolution petition, which is customary.

If it comes to court proceedings, the way the English courts deal with finances on the dissolution of a civil partnership is very similar to how they deal with finances on divorce.

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