FRISBY & SMALL
SOLICITORS LEICESTER
5 De Montfort Street, Leicester LE1 7GE
72B Main Street, Broughton Astley, Leicester LE9 6RD
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Divorce

If you are having problems in your marriage or partnership, you should firstly consider whether these difficulties can be resolved with the assistance of trained relationship counsellors. Organisations such as Relate can help you www.relate.org.uk.

If you cannot resolve your differences, we can deal with the divorce for your relieving you of the paperwork and stresses. We are experienced at dealing with matters sensitively for you.

We are offering fixed fees for uncontested Divorces
Email or phone us and we will talk through the best options you have for funding any legal action
Contact us for more information.

A Divorce cannot be applied for until the couple has been married for at least 1 year. To obtain a Divorce in England and Wales, the marriage must be recognised as valid by the United Kingdom law and one of the parties must:

  1. Be living in England or Wales when the Divorce is applied for or;
  2. Have been living in England or Wales during the year before the application is made.

The marriage must have broken down irretrievably and must be supported by one of the following factors:

  • Your spouse has committed adultery and you find it intolerable to live together or;
  • Your spouse has behaved in such a way that you cannot reasonably be expected to live together or;
  • You have been separated for two years and you spouse agrees to the divorce or;
  • You have been separated for five years or;
  • Your spouse deserted you for more than two years.

If more than one of the above reasons applies we will advise you on which is most suitable to your circumstances and what information the Court will need.

The Court Process for divorce:

The Divorce is begun by sending to the Court the Divorce Application, your marriage certificate, Court fee, currently 550 and a statement of reconciliation.

Once the Divorce papers have been sealed and approved by the Court a copy of the Divorce Application will be sent to your spouse who is then required to complete an Acknowledgment contact Frisby & Small solicitorsof Service Form saying whether or not he/she agrees to the Divorce. Provided he/she does not contest it, you will then have to sign a statement confirming the facts stated in your Divorce Application are true and file an Application for ‘Decree Nisi’ first stage in the Divorce proceedings. If the Court is satisfied that you should be entitled to the Decree sought, a date will be set for a pronouncement of the Decree Nisi. If the Acknowledgment of Service Form is not returned to the Court or is completed stating an intention to defend, our fixed fee will no longer apply and we will advise you on the steps that need to be taken and the likely costs involved.

Six weeks and one day after pronouncement of the Decree Nisi, the Petitioner will be in a position to submit an application for the Decree Nisi to be made Absolute thus ending the marriage.

If the Divorce is defended, the position is much more complex and directions will be made for filing of evidence and the matter will then be set down for trial/final hearing.

You will also need to sort out financial matters relating to the family home, maintenance, pensions and any savings and investments.

In light of the recent case of Wyatt and Vince 2015 it is increasingly important to secure a financial order at the time of divorce ensuring future claims are dismissed. In this case a wife brought a claim for financial remedy against her former husband almost 20 years after the conclusion of the Divorce Proceedings and 30 years after they separated. The case has been referred back to the family court for an FDR hearing to determine the wife’s financial claims. The wife seeks to claim a lump sum from her former husband’s significant wealth, which he acquired in recent years despite him being homeless and penniless at the time of the separation leaving the wife struggling financially and single handedly raising the three children of the family. Watch this space for the outcome of this interesting case. The lesson here is to always ensure that financial aspects of divorce are dealt with alongside the divorce proceedings and concluded at that time. It is a common misconception that a divorce effects a clean break it does not! You must obtain a separate order to this effect. The legal term for this is “Financial Relief/Remedy” see our web page on Financial Arrangements on Divorce and Dissolution of Civil Partnerships.

Please contact us for advice on family law.

Please call us now on 0116 233 5522 or complete the
Online Enquiry form on the right of this page and we will be delighted to help you.