Solicitors in Birmingham

DIVORCE SOLICITORS BIRMINGHAM

Divorce is a common occurrence (around 30% of marriages end in divorce) but that doesn’t make it any easier, especially if there are disputes over finances and children, in addition to emotional turmoil. We provide divorce advice which seeks to reduced dispute and cost wherever possible, including family mediation. Notwithstanding this, where it is necessary to pursue an issue vigorously, including investigating assets or a child custody issue, we will do on to fully protect a client’s interests. The advice we provide includes :-

• Legal separation issues

• Cohabitation issues

• Child custody and maintenance

• Pension issues on divorce

• Finances on divorce

• Child custody issues

There are  a wide variety of divorce matters. Some divorce are high value,  may be contested on finance or child custody or are inherently bitter. Others may be largely or fully uncontested and amicable  with financial issues already agreed. For uncontested divorces we offer a competitive, fixed fee service to ensure the necessary paperwork is completed accurately and swiftly.

Grounds for divorce

There is only 1 ground for divorce, that a marriage has irretrievably broken down. However, the petitioner must prove 1 of 5 facts as follows:

• That the spouse has committed adultery and the petitioner cannot be expected to continue living together;

• The spouse has exhibited unreasonable behaviour and the petitioner cannot be expected to continue living together;

• The spouse has deserted the petitioner for a period of 2 years;

• The petitioner and the spouse have been living separately for more than 2 years and both parties agree to a divorce;

How is judicial separation different from divorce?

In judicial separation the parties remain married but do not live together. The petitioner only needs to apply for one decree instead of the decree nisi and then absolute procedure for divorce.

For judicial separation there is no need to have been married for 12 months but the petitioner must still prove one of the facts. There are also other implications, with regard to pensions and other matters.

Basic divorce Procedure

The divorce process is largely administrative as long as the other party does not defend it and there are no children involved. In most cases, the procedure is completed in four to six months, but where children are involved, no final order as regards custody or finances can be made . The process commences by filing a standard form divorce petition at court which sets out the details of the marriage, any children and the grounds for divorce. A fee and accompanying documents are also required.

For further details please see our divorce frequently asked questions (faq’s page)