It can be a lot easier to get married than it is to get divorced. Boyd Rice Solicitors can provide you with the expert advice you need
Getting a formal divorce does not simply require signing a few forms. There is a proper Court process, which can become protracted, to follow. Before deciding to initiate divorce proceedings we can help advise whether there is another more appropriate remedy for you.
Nullity of marriage is a declaration by a Court that your marriage is null and void. You must be able to show the marriage was not valid in the first place, or is defective. There are a number of grounds to base this application on.
A judicial separation allows you to live apart from your spouse, without divorcing or ending a civil partnership. It may be appropriate where you do not wish to get divorced for religious reasons, you have been married for less than a year and can’t get divorced, or you want time to decide whether to get divorced.
We will help determine whether you qualify for these options and more importantly, whether they are suitable for your circumstances.
Reasons for Divorce
To be eligible to get divorced you and your partner must have been married for at least one year. You cannot get divorced within this time. You must be able to show that the marriage has irretrievably broken down. If you want a divorce you must petition the Court proving this irretrievable break down and you can do this by evidencing at least one of the following;
- Unreasonable Behaviour;
- Living apart for two years and your partner consents to a divorce;
- Living apart for five years.
To dissolve a civil partnership you must show evidence one of the above facts, however adultery is not a ground for dissolution of a civil partnership.
Once we have discussed your circumstances we will be able to determine which ground/s you should rely upon.
We will draft the petition on your behalf and prepare all other necessary documentation for submission to the Court. If there are children we will advise you how to notify the Court of your intended arrangements for them. These papers will be filed with the Court and served upon your partner. In the vast majority of cases the petition will be uncontested and the Court will grant a Decree Nisi if it is satisfied that the marriage has irretrievably broken down. We will then apply for a Decree Absolute to finalise the divorce after any financial matters have been resolved.
If your partner contests the divorce, which is rare, there will be a hearing in Court where you will have to give evidence and be cross-examined. Witnesses may be called. We will be there to advise you and guide you through this.
Division of Assets
We will try to amicably agree a financial settlement with your partner’s solicitor. If no agreement can be reached then ancillary relief proceedings will be required to bring matters to a resolution.
The process, outlined in very broad strokes above, can take time and will be stressful. You can have confidence in us that we will protect you throughout which will help ease the pressure that you are feeling.
When you contact us for a free initial enquiry you will be under no obligation to instruct us and we will be delighted to advise in any way that we can. Please do not let funding concerns deter you from getting in touch with us. We will provide you at the outset with estimates of all our fees and charges. There may be the possibility to agree a flat fee at the outset of your case. Alternatively you may be entitled to legal aid. We will be able to explore these options on your behalf.
For many years Boyd Rice Solicitors have been representing people who are going through this difficult time in their lives. We devote care and attention to our clients and you can contact your assigned solicitor by phone or email.
We know that divorce proceedings can put stress and strain on everyday life. So we want to make sure you achieve a resolution as quickly as possible so you can move on with your life.