How much will it cost for an initial consultation?
We offer an initial fixed fee appointment at a charge of £150 plus VAT. This
appointment is not time limited but usually lasts between one hour and one hour thirty
minutes. You will meet with the Head of Family Law Services Clare Kitteridge who is a
family lawyer, mediator and director of the firm.
How long does it usually take to get a divorce?
If the divorce is uncontested by your spouse, generally you could be divorced within 4-6
months of the Divorce Petition being submitted to the Court. A divorce only usually
takes longer if your spouse is not co-operative, needs to be located or there are financial
and children matters to be considered which might impact upon the divorce.
Can you give me an estimate of the costs to obtain a divorce?
The current Court fee to issue a Petition is £410. This does increase from time to time
but we will always need you informed. This fee is payable at the outset. If you decide
to instruct us to advise you in relation to the divorce process, our fees are usually no
more than £1,000 plus VAT. Sometimes it is necessary for the papers to be personally
served upon your spouse which can incur further fees. It is also possible to ask your
spouse to make a contribution towards the Court fee and your solicitors’ fees in some
appropriate circumstances.
Do we have to attend Court to obtain a divorce?
No. In the vast majority of cases it is not necessary to attend Court. The Court process
is dealt with administratively by the Court and it is not necessary for you to attend,
unless for any reason it is directed by the Court. Again, this is unusual.
Do I have to instruct a solicitor to progress with a divorce?
No it is not a requirement that you instruct a solicitor to progress with a divorce. You
can seek advice and assistance from us at our initial fixed fee meeting where we will
provide you with the paperwork you need to progress with a divorce and advice as to
how you can progress the divorce yourself. As any divorce process can be emotionally
difficult some clients prefer to instruct a solicitor to deal with the process themselves
but everyone’s divorce is different and we will guide you as to the most appropriate way
of dealing with matters taking into account your circumstances and of course your
budget.
Do I need to have my spouse’s consent to progress with a divorce?
Not always. If you are intending to proceed with a Divorce Petition based on two years’
separation, it is a requirement that your spouse consents to a Petition being issued on
this basis. If you are intending to issue a Divorce Petition based on your spouse being
unfaithful it is necessary for your spouse to admit to adultery for the purpose of any
Divorce Petition. If you are intending to proceed with a Divorce Petition based on your
spouse’s unreasonable behaviour, desertion or five years’ separation, it is not necessary
for your spouse to consent, although we will recommend in accordance with the Family
Law Protocol that a letter is sent to your spouse notifying them of your intention to
begin with a divorce process and we recommend that you also, if you are able to and in
appropriate circumstances, speak to your spouse to let them know that you are
intending to proceed with a divorce.
What is the ground for a divorce?
Simply that your marriage has irretrievably broken down. If you are at all unsure as to
whether your marriage has irretrievably broken down we would recommend that first of
all you discuss this with your spouse and possibly with a counsellor before beginning any
divorce process.
What else do I need to establish to progress with a divorce?
You need to satisfy one of five facts to progress with a divorce. They are:
1.
2.
3.
4.
5.
Adultery;
Unreasonable behaviour;
Two years’ separation with consent;
Desertion;
Five years’ separation.
We will help you consider the most appropriate ground for your individual
circumstances.
What do I need to issue a divorce?
You will need to locate your original marriage Certificate. If you are unable to locate
this, you could request a certified copy from the Register Office. If you married abroad,
your Marriage Certificate may need to be translated by a certified translator to
accompany your Petition.
Where will I find a divorce checklist that I could use when submitting my own Petition
to the Court to be issued?
www.gov.uk/divorce/file-for-divorce.
Will we have to go to Court to sort out the financial matters?
Taking your matter to Court should always be your last resort unless there are urgent
circumstances which require the Court’s involvement at an early stage. Court
proceedings are emotionally and financially stressful. There are various options
available to help resolve financial matters including solicitors’ negotiation, round table
meetings, collaborative law, mediation or arbitration. We can provide further
information in relation to all these options and which would best suit your personal
circumstances.
My wife and I have reached a financial agreement between us and want this to be
made into a legal document. Can you help with this?
Yes, we can set out your financial agreement as a legal document known as a ‘Consent
Order’. A Consent Order can be submitted to the Court in any divorce process. The
terms of your financial agreement will be reviewed by a Judge and if the Judge is
satisfied it will often be approved and made legally binding without the need for either
of you to attend Court. There is a Court fee which is currently set at £50.00 made
payable to the Court to submit a Consent Order and you will also incur our fees for
preparing the Consent Order. A Consent Order can only be obtained within a divorce
process.
Do I have to go through a divorce process, or could we just separate?
Any decision to enter into a divorce process should always be carefully considered. You
could simply separate or you could enter into a Separation Agreement. If you are
opposed to a divorce process perhaps due to religious reasons we can advise you
regarding a judicial separation instead.
I have cohabited with my partner but we never married. Is the law the same as those
for married couples?
No, the law is different for cohabiting couples. The Court will look at principles of
fairness and sharing when dealing with divorce proceedings and orders can be made in
relation to pensions, properties, income and dealing with other assets such as life
policies and investments. A cohabiting couple do not have the same range of options on
separation.
I have heard of collaborative law – what does this entail?
Collaborative law is a process of resolving issues in relation to divorce, finances and
children matters where each party instructs a solicitor who is specifically trained and
experienced in the collaborative law process. All discussions and negotiations take place
in meetings with all parties and solicitors present. These are known as ‘fourway
meetings’. This process is best suited to couples who are able to communicate and it is
important for you to be able to see things from the other’s perspective as well as your
own and consider the best interests of the family as a whole moving forward. If you
would like to find out more about the collaborative law process, please visit the
collaborative law section on our website under ‘Services – Family’.
My ex-partner and I are trying to sort out arrangements for our children and we do
not agree with each other. What options are available to help us reach agreement?
It is vitally important for parents dealing with a separation to be able to communicate
with one another and work together in the best interests of the children. If it is too
difficult for you to reach agreement with each other, a meeting could be arranged
between solicitors to help you. Alternatively you may wish to arrange a meeting to see
our mediator who can work with you both to help you communicate and work together
to agree the arrangements for your children. If you are unable to reach agreement you
could apply to the Court for an order but it is generally best to try and reach agreement
yourselves, as you as parents are best placed to decide what is better for your children.
If you are at all concerned about the safety of your children, then it may not be
appropriate to progress with mediation and urge you to seek advice on an urgent basis.
Could you meet with our children?
It is possible in certain circumstances for your children to be seen by a mediator who is
trained to consult directly with the children. This would only be carried out with your
express consent and if appropriate given the ages and understanding of the children.
What support is available for our children?
Our family lawyer and mediator Clare Kitteridge is a founding partner of Kids in the
Middle, a charity making the welfare of children in separating families paramount.
You can find out more information about Kids in the Middle which has some useful
resources for children at www.kidsinthemiddle.org. We also have a library of resources
and books which could be shown to you or we may recommend you to purchase to give
to your children to help them understand the divorce process. We have books such as
‘Jack’ written by Helen Victoria Bishop and Simon Murray which helps children deal with
the issues they face when parents separate or divorce, as well as ‘Talking to Children
and About Divorce’ by Sue Atkins.
I am planning on getting married and wonder if I should enter into a prenuptial
agreement. How will I know if this is appropriate for me?
If you are considering marriage and would like to seek advice regarding a prenuptial
agreement, we would recommend that you arrange an appointment with our family
lawyer to discuss this in good time before your wedding. If you are about to cohabit,
you may also wish to seek advice and enter into a cohabitation agreement. Clients
often find that entering into agreements before they marry or before they cohabit can
help to avoid any disputes if the relationship subsequently does not work as planned.
My spouse has told me that if our home is held in his or her sole name I am not
entitled to a share?
If you are married it matters not whether the home is held in your sole name or in your
spouse’s sole name. However, you may wish to protect your interest and in those
circumstances we recommend lodging notice of your matrimonial home rights.
If I need advice regarding a Will, or to sell our property, can your firm assist?
Yes our colleagues at Kingsley David will be on hand to assist you with any matters
associated with your divorce or separation. We have a dedicated Wills specialist and a
specialist in conveyancing. We also work with a number of other solicitors such as trust
litigation solicitors and company lawyers if there are family trusts or any business
interests that need to be considered as a result of your divorce.