The previous divorce system in England and Wales required one spouse (the petitioner) to initiate the process of filing for divorce and, in the process, make an accusation about the other spouse’s (the respondent) conduct.
The new laws mean that instead of having to attribute blame, a couple can mutually say that there has been an ‘irretrievable breakdown’ as the sole ground for wanting to obtain a divorce.
Once the application has been made, the applicant will have to wait until 20 weeks have elapsed from when the respondent is served with the application, to apply for a conditional order.
The purpose of this period is to allow both parties to reflect on their decision to divorce. Effectively, this is a “cooling off period”. If the applicant wants to proceed they can then apply for a divorce or dissolution final order after six weeks have elapsed from the date the conditional order was made (unless financial matters are still to be resolved)
Divorce Solicitor Liverpool: Our specialist solicitors can also offer advice to couples planning to or already living together. We can prepare agreements to protect your legal rights and help to minimise arguments and settle differences in the unfortunate event of relationship breakdown.
A marriage breakdown often leads to disputes over property and finance. Our family solicitors are here to advise you of your rights in respect of your home and other assets.
Divorce Solicitor Liverpool: We are experts in ancillary relief and have a wealth of experience in negotiating settlements in cases with limited assets and as well more complex cases.Other areas of work we offer
- Change of Name
- Care Proceedings
- Civil Partnerships
- Cohabitee Disputes
- Domestic Abuse
- Grandparents rights
- Pre-Nuptial Arrangements
- Parental responsibility
- Parental abduction
- Financial Matters
- Divorce / Separation
- Specific Issue Orders
- Prohibited Steps Orders
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Why choose levins?
Our specialist solicitors can also offer advice to couples planning to or already living together. We can prepare agreements to protect your legal rights and help to minimise arguments and settle differences in the unfortunate event of relationship breakdown.
In the event of an unmarried relationship breakdown we can help take care of the personal and financial aspects that arise.
Levins Solicitors have been awarded a contract to offer Legal Aid where eligible and in the alternative we are happy to discuss alternative ways to fund your case with you.
Divorce Solicitor Liverpool: Whatever the issue, we are here to help. We’re professional, approachable and friendly and will give you clear advice on how best to proceed.
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Divorce Solicitor Liverpool: CHECK OUT OUR Divorce FAQS BELOW.
Legal aid is no longer available for divorce proceedings. We offer a range of fixed fees to help you with all or part of the divorce process which you can see here: Levins Family Law Fixed Fees
You can get divorced in England or Wales if all of the following are true:
- you’ve been married for over a year
- your relationship has permanently broken down
- your marriage is legally recognised in the UK (including same-sex marriage)
Divorce Solicitor Liverpool: Most divorces are effectively dealt with as paper transactions. Documents can be filed and the court will consider the divorce petition without needing anyone to attend. We can advise you on the paperwork needed and the process.
New laws mean that instead of having to attribute blame, a couple can mutually say that there has been an ‘irretrievable breakdown’ as the sole ground for wanting to obtain a divorce.
A typical divorce takes between 6 and 9 months. Much depends on whether or not your spouse responds quickly when he or she receives your petition.
You will need to arrange for the court bailiff to personally serve the divorce documents on the respondent. If successful, the court bailiff then swears an affidavit confirming service. Should the respondent still not respond, you proceed to the next stage which is an application for Special Procedure whereby you use the bailiff’s sworn affidavit as an exhibit. You will have to pay the court a fixed fee for this service. From the date of service, you must allow 29 days for your spouse to respond. If they do not, you can then apply for the decree nisi which is the first decree in your divorce.
Six weeks and one day. After this you can apply for the decree absolute.
Financial disputes can frequently be resolved by straightforward negotiation between the parties or alternatively using mediation. If this fails then you can make a court application but at the same time continue to try to negotiate a settlement. Sometimes we may advise that a court application should be made in order to establish a timetable for resolving the outstanding issues. We can advise on all the various courses of action and on the likely impact on your financial future.
A financial consent order is a record of the terms agreed between the parties in relation to their finances following the breakdown of their marriage or civil partnership. Frequently it reflects terms agreed by mediation, on a collaborative law settlement or by negotiation. A document is prepared and supported by brief financial details, and those documents are put before a judge for consideration. It is dealt with as a paper exercise and it is not necessary to attend court. Consent orders are very useful as they serve to avoid any future dispute over what the parties agreed at the time of the divorce. We can advise you fully on the terms of any order before you agree to it.