Overview of our Separation and Divorce Service
The reality of modern life is that divorces & separations have become increasingly common. Before beginning proceedings you should seek advice on how best to proceed and whether it is in your best interest. At the initial consultation we will discuss our fixed and flexible pricing plans which are available for divorce.
Separation and Divorce Advice
Our family team appreciate that the breakdown of a relationship can be one of the most distressful experiences you can go through, particularly when younger children are involved. Our team of divorce solicitors will handle this challenging period for you in a sensitive manner and provide clear legal advice which is unique to your personal circumstances.
We will look at all the issues arising from the breakdown of the relationship, and if you are married, we will discuss the divorce and separation process with you whether you are initiating the divorce or responding to it.
Our role is to work with you to settle your divorce with empathy and competence, without using obscure legal jargon when we communicate with you. Based on years of experience, our divorce advice is intended to help people pick up the pieces of their lives in a way that is appropriate for their family and most legally beneficial to them.
Ground for Divorce
There is only one ground for divorce namely that the marriage has broken down irretrievably. A year has to have elapsed since the date of the marriage before a Petition can be presented to the Court.
The person who takes the divorce becomes known as the Petitioner and his/her husband/wife becomes known as the Respondent.
To prove that irretrievable breakdown, you have to satisfy the Court on one of the following facts namely:
(a) Adultery – The Respondent has committed adultery and that the Petitioner finds it intolerable to live with the Respondent.
(b) Unreasonable Behaviour – The Respondent has behaved in such a way that the Petitioner cannot be reasonably expected to live with the Respondent.
(c) Desertion – That the Respondent left the Petitioner at least two years before the Petition is presented.
(d) Two Years Separation – That the parties have lived apart for at least two years before the presentation of the Petition and the Respondent consents to a divorce.
(e) Five Years Separation – That the husband and wife have lived apart for at least five years (no consent from Respondent required).