Breaking up is never easy, but at Mander Hadley, we strive to support and guide you through the process of divorce or separation with a sensitive and reliable approach.
A divorce, otherwise known as the formal dissolution of marriage, is the legal method of bringing a marriage to an end.
In England & Wales, divorce proceedings cannot be started until the parties have been married for a minimum of one year.
The person applying for a divorce is referred to as the ‘Petitioner’ whilst the person responding to a Petition is called the ‘Respondent’. In order to be eligible for a divorce, the court must be satisfied that the marriage has irretrievably broken down. In order to establish the ‘irretrievable breakdown’ of the marriage, the Petitioner must use one of the following facts: adultery, unreasonable behaviour, desertion, two years’ separation with consent or five years’ separation.
Once divorce proceedings are issued, a copy of the Petition is served upon the Respondent who is then given seven days to return an Acknowledgement of Service.
Upon receipt of the Acknowledgement, the Petitioner is then entitled to apply for the first decree of divorce, known as Decree Nisi. After the pronouncement of Decree Nisi, the court then has power to consider any proposals that have been agreed concerning the parties’ financial arrangements upon divorce.
The Petitioner must wait six weeks and one day after the pronouncement of Decree Nisi before being able to apply for the final decree to formally dissolve the marriage, known as Decree Absolute. Upon the pronouncement of Decree Absolute, the marriage is brought to an end.
At Mander Hadley, we offer competitive fixed price packages to assist you in divorce proceedings and ensure that matters progress as smoothly as possible.
In the event that divorce proceedings are contested, or any complications arise, our Family Law experts can guide you through the process and provide cost-effective solutions to keep matters progressing.
It is sometimes possible to recover the costs of the divorce from your spouse and the petition may be drafted to include a claim for full costs or a contribution towards this.
An alternative to divorce proceedings is Judicial Separation. This is a legal process which recognises that both parties are legally separated, but remain married after the Decree of Judicial Separation.
For some couples, Judicial Separation, may be preferable, enabling them to deal with their financial arrangements without formally dissolving their marriage.
Contact us now and let us guide you through the process of divorce and separation. You are in safe hands at Mander Hadley.