Solicitors providing legal and family law services in Bristol and the South West

Family Law - Matrimonial and Divorce

We offer a comprehensive service in all aspects of marriage breakdown. The advice you receive will be practical and geared to minimise stress and costs.

• We can guide you through all stages of the divorce process

• We offer a broad range of services to help you and your ex-partner resolve financial issues

• We facilitate round table meetings between spouses and their lawyers to try to achieve the best possible outcome

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Divorce and Judicial Separation - making a difficult process easier

Divorce and Judicial Separation is currently governed by the Matrimonial Causes Act 1973.

Grounds for Divorce

To obtain a decree of divorce or judicial separation, one or both spouses must be habitually resident in England or Wales for one year or more.  The petitioner must prove to the court that the marriage has broken down irretrievably by proving one of the following facts:

• Adultery
• Unreasonable behaviour
• Desertion (after two years)
• Two years separation (with consent)
• Five years separation (without consent)

Evidence of adultery or unreasonable behaviour cannot be used if the spouses have continued to live together for more than six months after becoming aware of it, and periods of separation must be continuous. Around 70% of divorce petitioners cite adultery or unreasonable behaviour.

The process of divorce and judicial separation has two stages – Decree Nisi (granted when the grounds of the petition have been established) and Decree Absolute (the final decree – normally made when finance and property issues have been resolved).  If you change your mind, the process can be halted at any time before decree absolute.

People who cannot divorce because of religious or social reasons often use judicial separation. If you have a decree absolute in Judicial separation proceedings, you are not free to re-marry.

If you don’t want to divorce immediately, then you can sort out the finances by way of a Separation Deed.  You both need to agree as to how the matrimonial assets are to be divided.  The terms of your agreement will usually be incorporated into a final financial order of the court upon divorce.

We offer a broad range of services to help you and your ex-partner resolve financial issues.  Whatever your financial circumstances, we help you to arrive at the best possible outcome.  We can refer you and your ex-partner to mediation provided that you are both willing.  We recommend full financial disclosure of both joint and solely held assets and help you to negotiate a satisfactory settlement.  We facilitate round table meetings between spouses and their lawyers so as to avoid costly litigation through the courts.  If all else fails, we will support and represent you through the court process.  In our experience, most disputes settle long before a final hearing arrives, giving you and your ex-partner control over what is to happen to the family assets.

If you are worried that your ex-partner is disposing of assets, then we can protect those assets by obtaining freezing orders or restricting the dealings in property.  Whatever the dilemma, we can offer a comprehensive legal remedy.

Questions and Answers

• How long will my divorce/separation take?
• This will depend on individual circumstances e.g. involvement of financial issues, children (residence), is it being defended by your partner. Timescales are important but it is also of course vital to get a proper result for the longer term.
  
  A straightforward case can be completed within 3-5 months with co-operation from all parties.

• How much does it cost?
• Suitably qualifying cases can be funded by the Legal Services Commission (Legal Aid) without cost to you.
  
  However, privately funded cases will depend on the complexity. A rough guide to the overall costs can be given at the outset of the proceedings.

Lightening the Load

You’ll find our approach to your legal problems to be friendly, professional and efficient.

Please ring us at any time on 0117 973 1391 and make an appointment to see us.

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