Divorce

Divorce is on the horizon

For expert legal advice or immediate representation regarding your divorce call a divorce lawyer today at Andrews & Monroe Solicitors on 020 3289 0385; or alternatively email jc@andrewsmonroe.co.uk or request a free call back.

 

Divorcing a partner is stressful. We encourage the parties to try and see if they can reach an agreement on their own or with the use of a mediator. Matters to be settled are arrangements for the children, the family pet and division of matrimonial assets. Mediation is actively encouraged by the legal profession; but it does not necessarily work for everyone.

We encourage amicable settlement where possible.

 

 Factors you must consider if you are contemplating a divorce:

·         Mediation

·         Divorce

·         Children (if under 18)

·         Financial orders

Mediation before divorce

Mediation is compulsory before issuing divorce proceedings unless there is domestic abuse or some other exemption applies.

 Mediation is when a third party is used by a couple involved in a family break-up to help the couple to try and reach an amicable agreement regarding divorce, the future arrangements for the children of the family and division of the family assets. 

For further information or assistance please contact the College of Family Mediators here.  

 

  Divorce Petition

(a)   Divorce (if married)/Dissolution (if Civil Partnership). Divorce here applies to both

 There is a bar to divorce in the first year of marriage.

 

Divorce

 

Prior to commencing proceedings, you must issue a divorce petition. In the petition all you have to explain to the court is that the has broken down irretrievably. The Judges are no longer interested in knowing about the behaviour of one of the parties or the adultery committed. We now have a ‘no fault’ system.

To commencing divorce proceedings if the parties agree they can make a joint application.

Alternatively, you, as an individual can continue to issue a Petition on your own, for example, your spouse may disagree that the marriage has broken down and for this reason, they will not agree to any joint application.

Once the Petition has been issued, you must wait 20 weeks. After the 20 week period, you can  apply for a conditional order (previously called decree nisi). Once this has been done, you must wait a further 6 weeks and one day, before you apply for the conditional order to be made absolute.

Children of the family

It is always prudent for the family to try and come to an amicable agreement in writing as to what is to happen to the children .

Financial Orders

The financial aspect of the separation will also have to be dealt with also by the parties. Where there is no agreement, the parties have to apply for financial orders.

  1. Maintenance pending suit. This is an application for maintenance before the court deals with the main financial application;

  2. lump sum orders;

  3. periodical payment orders;

  4. property adjustment orders, for example the transfer of property from one spouse to another;

  5. Financial provision such as *periodical payments, secured periodical payments. (*This is payment of a sum of money on a monthly basis from one spouse to another).

  6. Pension sharing or pension attachment orders.

 Where the parties are in agreement about regarding the financial aspect of the divorce, a Consent Order can be drawn up confirming what the parties have agreed.

Where there is not agreement, then the parities will go to court on several occasions. It is hoped the matter is resolved at the financial dispute resolution hearing. If this is not possible, the parties have a full blown hearing, where the Judge imposes a court order on the parties.

(c)    Financial Support for the children

 Courts can make orders relating to children in limited circumstances.

 

Need help, why not contact a divorce lawyer today!

Date: 30.04.2025

© Johanna Cargill, Andrews & Monroe Solicitors