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Divorce

At a time when change is likely , a reassuring and experienced guiding hand will no doubt be welcome as you navigate the emotional, legal and practical challenges typically associated with the breakdown of a marriage.

You need to be married for at least a year before you can apply to court for a divorce. If you’re separated but have been married for less than one year, do still speak to our divorce solicitor about your options and protecting your position. Grounds for divorce in England and Wales involves proving that your marriage has broken down irretrievably, based on one of the following five facts:

  • The adultery of your husband or wife

  • The unreasonable behaviour of your husband or wife

  • The desertion of you by your husband or wife

  • Your two years’ separation from your husband or wife with their consent

  • Your five years’ separation from your husband or wife

You may wish to simply separate from your partner before deciding to divorce. You can formalise your separation by way of a Separation Agreement: a legally binding contract that sets out the arrangements for your children and/or finances without involving the courts. Alternatively, you may wish to apply for a Decree of Judicial Separation, which allows the courts to resolve finances (this option will not bring your marriage to an end and you cannot remarry). Some couples attend counselling sessions to explore if their differences can be resolved and whether reconciliation is possible. Ask us for details of local counsellors.

An undefended divorce usually takes between four and six months to complete. However, the financial matters usually mean that the divorce isn’t completed until these are resolved and this can be sometime later. Most divorce cases can be resolved without attending court, however, if you are required to attend court your Rucklidge’s lawyer will guide you through the process and explain your options that you can decide how best to proceed.

If you’ve already been separated from your husband/wife for some time and no longer know where they live, we can help you make other applications to the court to progress your divorce.

Your solicitor will help make the ending of your marriage as smooth as possible. They will ensure that queries from the court are swiftly addressed, as any mistakes on your divorce papers may delay proceedings. Rucklidge’s will ensure you’re properly advised when it comes to reaching a financial settlement and that any decision is enforced. They will work in your best interests and towards your optimum outcome.

"You need to be married for at least one year before you can apply to court for a divorce. If you are separated but have been married for less than one year please still speak to our divorce solicitor about ways in which you can protect your position."

FAQ's

How can I get a divorce in England and Wales?


You need to be married for at least one year before you can apply to court for a divorce. If you are separated but have been married for less than one year please still speak to our divorce solicitor about ways in which you can protect your position.

There is only one ground for divorce in England and Wales and that is to prove that your marriage has broken down irretrievably. In order to prove this ground you can seek to rely on one of the following five facts:

  • The adultery of your husband or wife; or
  • The unreasonable behaviour of your husband or wife; or
  • The desertion of you by your husband or wife; or
  • Your two years separation from your husband or wife with their consent; or
  • Your five years separation from your husband or wife.




Are there any alternatives to divorce?


You may not wish to dissolve your marriage straight away, you may wish firstly to separate from your partner before permanently finalising your separation. You can formalise this separation by way of a Separation Agreement; a legally binding contract which sets out the arrangements for your children and/or finances without the courts involvement. Alternatively, you may wish to apply to court for a Decree of Judicial Separation which allows to court to resolve finances. The Decree of Judicial Separation does not bring your marriage to an end and you may not remarry.

You may wish to attend counselling with your husband/wife and see if you can resolve your differences, in attempt at reconciliation. Please do ask your Rucklidge’s solicitor for details of local counsellors.




How long does it take to get a divorce?


Providing that there are no complications and the divorce progresses on an undefended basis, the process usually takes about four to six months to complete. There may be reasons that your Rucklidge’s divorce solicitor advises you to delay completion of your divorce, however, this is an issue which will be fully explored with you, before you decide.




Do I need to go to court?


Quite often the divorce process can be completed entirely on paper and it is not necessary for the parties to attend court. However, in the rare case that you do need to go to court your Rucklidge’s divorce solicitor can guide and support you through the process in the most cost effective way.




Do I need a solicitor?


Amongst other things, your Rucklidge’s divorce solicitor will ensure that:

  • any queries from the court are dealt with swiftly – if there are any mistakes on your divorce papers the court could reject them and delay matters;
  • any problems with your husband/wife are dealt with swiftly – your husband/wife might not return the divorce papers to court or you might not be able to find them. You may need to make other applications to the court in order to progress your divorce.
  • the dates contained within the divorce petition do not prejudice your financial claims;
  • your claims for financial settlement are adequately provided for, within the divorce petition;
  • you are properly advised on reaching financial settlement, within adequate timescales and protected, by the incorporation of that settlement into a court order;
  • you are properly advised on the cost implications of the divorce;
  • the timing of the application to complete the divorce (known as the Decree absolute) is properly considered, taking into account the potential impact of this on financial matters, such as your pension entitlement.
  • any international issues are properly considered and you are advised accordingly.





info@rucklidges.co.uk

0113 880 0864

Roscarrs Barn

3 Roscarrs, East Common Lane

Barlow, Selby

YO8 8EG

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Rucklidge Law Limited is a company registered in England and Wales with the registered number 12098511 and authorised and regulated by the Solicitors Regulation Authority SRA number 666766.  Registered Office: 5 Orchard Close, South Milford, Leeds, LS25 5BQ. Details of the SRA Standards and Regulations can be found at www.sra.org.uk

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