We have dealt with many complex Divorces on behalf of our clients, both in the Midlands and throughout England.
Overview of Divorce Procedure
Divorce is the legal act of ending a marriage.
The only ground for divorce in England and Wales is the “irretrievable breakdown of the marriage.”
There are five ways of proving “irretrievable breakdown” and they are that:
- Your spouse has committed adultery.
- Your spouse has behaved in such a way that you can no longer reasonably be expected to live with them.
- You have lived separate and apart from your spouse for a period of two years or more and you have the consent of your spouse to the divorce.
- Your spouse has deserted you for two years or more.
- You have lived separate and apart from your spouse for a period of five years. You do not need the agreement of your spouse.
We have handled complex cases that fit into all the above categories.
It normally takes approximately five months to obtain the Decree Absolute from the court which is the document which ends your marriage.
How can we help you get divorced?
As family law specialists, we understand how distressing a time this will be for you. The John Hooper team are happy to help you throughout the divorce procedure and offer compassionate and individually tailored legal advice at every stage. We will keep you fully updated throughout the process and help to progress your divorce as quickly as possible so as to limit the amount of distress caused by the breakdown of marriage as we possibly can.
Once the divorce proceedings have been started, we will help you to reach an agreement with your spouse on the divorce itself and all other connected matters such as arrangements for your children and/or the division of your assets, ideally without you ever having to go to court.
Should you have to involve the court, we will be on hand to support you every step of the way, representing you and your best interests at all times. We can help you better understand the options available to the judge, and give you a clear indication of what we consider will be your best and worse outcomes taking into account your situation.
Types of Divorce Orders
There are two important stages for you to reach with the support of your family law specialist:
The Decree Nisi – This is granted once a judge is satisfied that your marriage has irretrievably broken down. Once you have your Decree Nisi you can ask the court, on the application of either you, your spouse or jointly (by agreement), to make a financial order.
The Decree Absolute – This is the final document in the divorce process, which brings an end to your marriage.
The Decree Absolute has a number of important effects:
- It means that you and your ex-spouse are now single again;
- You are both free to remarry;
- Any gift which is left by you to your ex-spouse in a Will (and vice versa) is no longer valid unless a contrary intention appears within the Will itself;
- Neither of you is entitled to a spouse’s pension in the event of the death of the other;
- It is sensible for both parties to appoint guardians in respect of any children of the family.
Most importantly, you cannot ask the court to deal with your financial claims in respect of your separation until you have started divorce proceedings. The court then only has the power to make financial Orders once you have obtained your Decree Nisi.
Divorce is not always the most appropriate solution to your matrimonial difficulties. We can discuss all of the alternatives available to you and their consequences. In that way, we can then be sure that all of our clients have been properly advised about all of their legal rights before pursuing any particular course of action.
It is also important, in the event of an international case, for a full advice to be given to our clients about where they should issue their proceeding be it in England and Wales or any other relevant jurisdiction.
It is a commonly held view that the divorce courts of England and Wales are more generous to divorcing wives than some other jurisdictions. Therefore, the prospect of proceeding in another jurisdiction (if that is appropriate) needs to be considered and the appropriate action taken at the earliest possible opportunity.
For further information about divorce procedure, and the support we can offer you, please call 0115 941 5566 or email email@example.com