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Divorce/Dissolution
DIVORCE/DISSOLUTION CAN BE A DIFFICULT TIME IN YOUR LIFE AND OUR TEAM AT ROBSON & CO ARE COMMITTED TO SUPPORTING YOU IN FINDING AN AMICABLE WAY FORWARD.
Getting advice in the early stages of your separation will help you know what to expect from the process. Our family team will not only give you advice, but they care and they will listen to support you through your matter.
Divorce/Dissolution
To obtain a divorce/dissolution you must first show that you have been married or in a civil partnership for at least one year.
Secondly, you must prove that the divorce/dissolution has broken down irretrievably by evidence of one of the following ‘reasons’. However, please be aware that adultery does not apply to dissolutions:
- Adultery – The other party has committed adultery and you find it intolerable to live with them (this is not available to dissolution of a civil partnership).
- Behaviour - The other party has behaved in such a way that you cannot reasonably be expected to live with them.
- Desertion – The other party has deserted you for a continuous period of at least two years immediately preceding the application.
- Separated for 2 years with consent – You have lived apart from the other party for a continuous period of at least two years immediately preceding the application and the other party consents to a divorce/dissolution.
- Separated for 5 years – You have lived apart from the other party for a continuous period of at least five years immediately preceding the application (consent is not required here).
If more than one reason applies, we will advise you on the most appropriate for your application.
Stages of a divorce/dissolution:
1. Application is drafted based upon one of the five reasons above.
2. The application is sent to the other party for comments.
3. The draft application is filed with the court and issued. A copy shall be served upon the other party.
4. The other party shall acknowledge the application within 7 days. If the acknowledgement is not returned, proof of service to the other party may be required.
5. Upon receipt of the acknowledgement the first order, Decree Nisi, is applied for.
6. A date for Decree Nisi will be set by the court.
7. Decree Nisi will be pronounced by the court.
8. 6 weeks and 1 day later the final divorce order, Decree Absolute, will be applied for, unless you are advised to wait due to considerations of the financial arrangements.
Throughout your matter we will provide you with time and cost estimates based upon your individual case. However, we offer a fixed fee for your divorce on the basis it is straightforward and is not defended by the other party.
Please note that costs of the divorce can sometimes be claimed from the other party but we will discuss this with you.
If you have separated from your partner and wish to discuss divorce/dissolution then please do not hesitate to contact us at either our Hythe or Ashford offices or by email to our Family Chartered Legal Executive at or call her on 01303 233 529.