Divorce - when to approach a divorce solicitor
Going through a divorce is stressful enough without having to deal with the financial repercussions, making arrangements for children or setting up a new home. An experienced family law solicitor (or divorce solicitor) will help you through the divorce process, including any legal disputes, and ensure you get everything you are entitled to from the final divorce settlement.
Grounds for Divorce
In England and Scotland there are different divorce laws and processes which leads to differences in the grounds for divorce. In England and Wales there are five grounds for divorce -
- Adultery
- Unreasonable behaviour
- Your spouse left home two years ago and refuses to return
- You have been separated for two years and both parties consent to a divorce
- You have been separated for five years
In Scotland, the grounds for divorce are that the marriage has irretrievably broken down because of -
- Adultery
- Unreasonable behaviour
- One years separation if both parties consent
- Two years separation if there is no consent
Divorce – The legal process
After your first consultation with a solicitor, he or she will write to your spouse to say you are seeking a divorce. The divorce solicitor will then file a divorce petition in court. This contains details of any financial settlement you are seeking. If you have children under the age of 16 you are required to submit a statement setting out the arrangements to be made for them. When the judge is satisfied everything is in order, a ‘decree nisi’ is issued, which means all the paperwork is approved. Six weeks later you can apply for a ‘decree absolute’, which means you are legally divorced. All outstanding disputes should be resolved before this stage.
In Scotland an ‘initial writ’ is filed at court and by the other party. If both parties consent to the divorce, the sheriff can grant the divorce or ask for further information. Contested divorces are more complex and go to court.
Disputes and Divorce Settlements
Financial support, property ownership and access to children are the main areas of dispute when marriages break down. Divorce solicitors have a duty to attempt to resolve these disputes without recourse to the courts, in order to avoid both sides running up expensive legal costs. However, if agreement cannot be reached, it is possible to apply to the court for an order.
Solicitors’ fees
Different firms charge different rates so it is important to shop around. If you are on state benefits or low income you may be entitled to help with your legal fees through a solicitor who does legal aid/public funding. Use the “Find a solicitor” search to find a divorce solicitor who fits your legal needs.
Send to a Friend
Find a solicitor
Confidentially search for details of solicitors close to where you live or work.
