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Getting A Divorce

If your relationship with your spouse is irretrievably broken down, you can file for divorce in England and Wales.

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How to Get a Divorce in England and Wales

If your marriage is irretrievably broken down, you can file for divorce in England and Wales. After the marriage has ended irretrievably, divorce is the legal procedure to end the marriage. Only those who have been married for at least one year and have valid grounds to seek divorce can apply for divorce in England and Wales. Online divorce applications are accepted. If you don't know the whereabouts of your spouse or husband, you can still get divorced in England and Wales.

Specialist Divorce Solicitors

We are specialist Manchester divorce solicitors and can help you obtain a divorce for a fixed fee. Our experienced divorce solicitors will:

1. Assess your personal situation and determine if you are eligible for a divorce.

2. We will guide you through the steps required to file for divorce.

Our divorce solicitors are among the most respected in Manchester and have a wealth of experience dealing with divorcing matters.

Are you thinking of divorcing in England & Wales? Our fixed-fee divorce solicitors in Manchester and Manchester can provide you with representations and advice. Our fixed-fee divorce solicitors will offer you friendly, reliable, and affordable legal services to help you with your financial settlement and divorce proceedings. For detailed advice on your divorce, ask one of our experienced divorce solicitors.

Can I get a divorce if my spouse isn't home?
If your spouse is absent, you can still obtain a divorce in England and Wales. If you don't know where your spouse is, our divorce solicitors can help you navigate the process. If the location of the Respondent is not known, the divorce process may take longer.

Entry Clearance For Spouse / Partner Visa

If all the following are true, you can get a divorce from England and Wales.

  • You’ve been married for more than a year
  • Your relationship is permanently ended
  • Your marriage is legally recognized in England & Wales (including the same-sex marriage).
  • Either you, or your spouse, are habitually resident here in England and Wales

A divorce might not be appropriate or possible in certain circumstances. It may be appropriate to either legally separate or annualize your marriage depending on your particular case. Within the first year of marriage, you can apply for an annulment or legal divorce.

Grounds for Divorce

If your marriage is irretrievably broken down and cannot be saved, you can file for divorce. This is when one or both of your spouse’s feels that they can no longer be married. You can apply to the English and Welsh divorce court to dissolve your marriage. This is provided you have been married at least one year and one of you has lived in England or Wales for the past year. A Petition to the court for divorce is called this. The spouse who files or sends the Petition is known as the Petitioner. The Respondent is the other spouse.

 

The law no longer requires that you rely on five facts, i.e. Adultery, unreasonable behavior, two years separation with consent, desertion, and five years separation are not grounds for divorce in England & Wales. The petitioner must instead provide a declaration of irretrievable marriage breakdown.

Procedure for Divorce
Filing an Application for Divorce
Online divorce applications can be filed on the grounds that the marriage has ended irretrievably.

Service

The court will serve the respondent, or both parties (if it is a joint request), via email within 28 days of the filing of the divorce application. The rules don’t specify when service must be done, but it is expected that the applicant will need to handle service within 28 days of the filing of the divorce application. The legislation did not include the family solicitors’ request that the applicant give notice to the respondent for the requested time period.

Acknowledgement of Service (AoS).

If this is a joint request, the Respondent or both parties will have 14 days from the date of service to file the acknowledgment of service.


The party contesting divorce proceedings must respond within 35 days from the date of service if they are contested.

Apply for Conditional Order

The applicant can apply for the conditional orders (previously called Decree Nisi) after 20 weeks. The deadline to apply for a Conditional Order is 14 days from the date that the acknowledgement was filed if the acknowledgment of service was not received within 18 weeks of the date of the application’s issue.

Application for Divorce Order

Within 6 weeks of the original Decree Nisi date, either one or both of the parties can apply for the Divorce Order (previously called Decree Absolute). One party may apply for the divorce order if they give 14 days’ notice.

Contesting Divorce Proceedings
New law eliminates the possibility of contesting divorce proceedings. The statement of irretrievable breakup is considered conclusive evidence that the marriage is irretrievably ended. The validity of the marriage, fraud, and jurisdiction may all be used to challenge divorce proceedings.

Divorce Financial Settlement

A financial settlement for divorce is an agreement that allows a couple to separate their assets and financial affairs upon separation. The act of divorcing doesn’t end the financial relationship between your spouse and you in England or Wales. You can settle property and money issues (divorce financial settlement) in a divorce case with mutual agreement, either through a consent order that has been approved by the court or by filing an application for divorce financial resolution order.

 

It is crucial to reach a financial settlement after you divorce your spouse. Unpaid financial claims can disrupt your life for years. Because in England and Wales, even if you divorce, you can still make financial claims against your spouse and vice versa. There is no time limit. It is crucial that you have your financial affairs in order. You should also get a binding court order outlining your financial arrangements with your ex-husband or wife.

 

Our divorce financial settlement solicitors are experts in providing high-quality legal services for financial settlement matters. Our financial settlement solicitors have a wealth of experience in successfully settling divorce financial settlement cases.

After an Overseas Divorce, Financial Settlement in England and Wales

If you are already divorcing abroad and have not obtained a financial settlement, or the financial settlement in the other country is inadequate, you might be eligible to apply to the English Court to obtain a financial settlement order for your ex-spouse.

 

Even though a divorce has been pronounced elsewhere and financial provision made, English divorce courts can grant financial provision for divorce. Part III of The Matrimonial and Family Proceedings Act 1985 (“Part III”) was created to mitigate the negative consequences of a foreign court making no or inadequate financial provision for divorce proceedings in cases where the parties have significant connections to England.

 

Are you a divorcée already and are looking for financial relief in England for a fast, friendly, reliable and fixed-fee legal service for your foreign divorce, contact our team of expert divorce financial settlement solicitors Manchester Manchester or Birmingham?

How our Divorce Solicitors can help you with your Divorce Matter

Separation and divorce are difficult decisions that should not be taken lightly. Our team of divorce attorneys is well aware of the complexity and sensitive nature of divorce cases. Every person is unique and we understand that. Our highly qualified and experienced divorce solicitors will help you through every step of the process. Our divorce attorneys will help you get to the bottom of legal jargon so that you are fully informed.

 

After gathering all of the facts from you, our divorce solicitors will help you determine the grounds for your divorce application. After gathering all of the facts, we will discuss the court procedures with you in simple and straightforward terms. We’ll also guide you through the process and do all the follow-up work until the Decree Absolute has been issued by the divorce court.

What are our charges?

The following fee table lists the fixed fees applicable to divorce, dissolution of civil partnerships, annulment, and financial settlements:

 

  • After we have thoroughly assessed the matter and taken into account all relevant factors, we will provide a fixed fee.
  • Our fixed fees do NOT cover third-party fees such as court fees or Barrister’s fees.
  • We can also assist you on an hourly basis if you don’t want to pay a fixed fee. Our hourly rates range from PS200 + VAT to PP300 + VAT depending on the complexity of your matter.
What is the Court Fee for Filing Divorce in England and Wales?
The court fee to file divorce in family court is PS593. This must be paid at the time you file for divorce. Petitioners with low incomes may be eligible for a court fee exemption.

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FAQ's

The adjustment of assets/finances covered by the financial court order may include the following:

  • property
  • money
  • shares
  • savings
  • pensions
  • debts
  • children/spousal maintenance

Normally, the behaviour of your spouse including adultery or unreasonable behaviour does not affect the divorce financial settlement. The grounds for divorce you use to obtain a divorce have no bearing on your financial settlement. Extreme behaviour may be taken into account by the court, for example, if one partner’s violence has had a lasting effect on the other. If one partner recklessly or deliberately sabotages the financial position, for example, by spending recklessly or destroying assets, this could also be taken into account.

A clean break divorce financial settlement is where no ongoing financial commitments remain between you and your spouse. The phrase ‘a clean break’ is particularly used as the opposite of an order where there is ongoing spousal maintenance payable, usually monthly, from one spouse to the other.

A clean break is only possible in relation to the financial claims between spouses. It is not possible to have a clean break in relation to financial obligations towards your children.

Divorce in England & Wales is a legal process to end marriage between husband and wife after the relationship between them has broken down irretrievably. An application for divorce in England & Wales is made online using application form D8.

You can get divorced in England & Wales only after you have been married for at least one year.

If you marriage was not consummated, you may be able to apply for annulment of your marriage even if you are married for less than a year.