Divorce and Separation

If you are ready to find out more about how we can help you, we offer an initial fixed fee consultation. During this initial one hour consultation, you will meet with one of our Family Law team who will talk through your situation with you, so we can best advise you on the right action to take. From this meeting, we can then put a plan of action in place, tailored to your needs and designed to achieve the best solution for you and your family.

To book your consultation, please contact us here or call us on 01702 332 311.

Just ask Jefferies.

From understanding how to get a divorce to knowing the right questions to ask a divorce solicitor, we have put together a list of questions we are often asked by our clients.

There is no set time limit on how long you have to be separated to get a divorce. Some people decide to remain separated for religious or financial reasons or may even feel that they need more time to decide if getting divorced is the right option for them.

You can always enter into a separation agreement if you do decide to hold off from issuing divorce proceedings, for any reason.

When it comes to ‘splitting’ the assets, the starting point is usually to be an equal division of assets. Not all cases may, however be suitable for an ‘equal division of assets’ as other factors will need to be taken into account when deciding what final order should be made with respect to the division of assets.

To be able to issue divorce proceedings, you need to be married for at least one year and you must satisfy the Court that your marriage has irretrievably broken down on one of the following five facts:

• Adultery
• Unreasonable behaviour
• Two years separation with consent
• Two years desertion
• Five years desertion

At the initial meeting, it is important to ask the following questions –

• How long do I need to be married before I can get a divorce?
• On what ground can I issue divorce proceedings?
• Can I use divorce proceedings in the UK?
• How long will the process take?
• When will I be ‘divorced’?
• Do you need the consent of your spouse to get divorced?
• Can you get divorced, if you are still living together?
• What if my Husband / Wife does not respond to the petition?
• What if I do not know where to find my spouse, can I still get a divorce?
• When can I begin negotiations in respect of the division of the matrimonial assets?
• What will the Court fee be?
• How much will the proceedings cost? Can these be claimed back from the other party?

When deciding what final order to make in respect of the division of the matrimonial assets, the Court will consider several factors to ensure that the settlement reached is ‘fair’ but will not place weight on the gender of either party.

At Jefferies, we offer affordable and competitive fixed fee schemes for divorce proceedings. Please feel free to contact us to get more information about this.

Yes, you can still get a divorce in England if you got married abroad, provided certain criteria are met.

If you have not entered a ‘clean break’ order after you have got divorced, an ex-spouse may be able to make a claim for income, capital and assets after the divorce proceedings have been concluded. Whether or not such a claim will be successful, will depend on the individual facts of each case.

Yes, you can get a divorce without having to deal with the dreaded task of dividing the assets. It is however in your best interests to get the financial aspect of your divorce wrapped up to prevent a claim for income, capital or assets being made in the future.

Our professional and friendly team are happy to advise you of all the different options that are available to you when it comes to dealing with your assets.

Need advice on another divorce matter? Please get in touch with our team here.