Sadly, thousands of marriages end in divorce each year across the United Kingdom. We understand this is a difficult phase of life, so if you are going through a divorce or a separation, you certainly aren’t alone.
At Kabir Family Law our divorce specialists understand that divorce is unpleasant and not an easy thing to experience. This often results in torn up families and nasty feelings. Our divorce specialists are at hand to guide you through the difficult process and advise you in the technicalities of a divorce.
Although divorces are very common across the country you can be rest assured that our divorce specialists will listen to your matter and circumstances clearly as each divorce is different and provide advised based on your personal circumstances. Our friendly team of experts will ensure they achieve the best possible outcome for you and ensure your interests are placed at the forefront.
How to start a divorce claim
In order to commence your divorce with our divorce specialists, we will require details of both spouses who are engaging in the divorce proceedings and confirmation of whether both partners are mutually agreeable to a divorce.
We will also need details of any children that you share in order to comply with the Children and Families Act 2014, as well as a completed divorce petition.
Legal reasons for divorce
In order to proceed with divorce one of the 5 grounds must be satisfied. These are:
- Adultery –this is where one of the partners has had sexual intercourse with a member of the opposite sex.
- Unreasonable behaviour – This is the most commonly used grounds for divorce and covers many actions including where a partner cannot reasonably be expected to put up with their partners behavior; such as violence, relationship with another person, abuse or use of drugs.
- Separation of 5 years or more: If both spouses have been separated for at least five years, continuously and even if one party doesn’t agree of the divorce.
- Two-year separation with consent: If both parties agree to the divorce, it is classed as “uncontested” and a divorce can be approved if the couple have been separated for more than two years.
- Desertion: If a spouse leaves their partner for a continuous period of more than two years without a good reason.
Should you require to discuss your divorce further then feel free to contact our divorce specialists who would be able to discuss the grounds of divorce with you in detail and provide you with a consultation to analyse your individual circumstances.
Our family law specialists understand that one partner may not predict a divorce being imminent. You may have received divorce documentation from your partner or their representatives. We notice this is a shocking time and you may not know what to do. Our divorce specialists can look to review the documents with you and guide you through the process and discuss your options.
How long will the Divorce take?
It is difficult to advise on the time as each case varies based on individual circumstances. If a divorce is agreed between both partners, then a divorce can be finalised by a decree becoming absolute in four to six months providing all the paperwork is completed in a timely manner.
Contested divorces occur when the spouses cannot agree and will look for a Court to make the decision on how they should arrange the split. Factors such as matrimonial properties, spousal support and custody of any children shared may be included in the Court’s decision. These contested divorce matters can take longer to finalise.
Our divorce law specialists work with contested divorce cases in which one person within the marriage refuses to agree to a legal separation. Although these divorce claims are rare, contested divorces can be extremely complicated if you are not seeking professional advice.
Divorce claims can also be difficult where many assets and finances are involved. Advise must be sought immediately to ensure as well as obtaining a divorce you are also obtaining what you are entitled to. It may be beneficial to resolve the financial aspect at the same time as proceeding with a divorce to avoid lengthy proceedings. If you want to learn more about contested divorce and divorce claims get in touch with one of our experts who would be able to assist.
Fixed Fee Divorce
At Kabir Family Law we understand divorce is a difficult time and could affect individuals financially. We are able to provide a fixed fee divorce advisory service for cases where the divorce is agreed by both parties and just needs to be legally finalised. This option is tailored to your individual circumstances and allows you to see how much you will be charged for each stage of your divorce process.
However, we’re able to work with assisting on any type of divorce claim throughout any stage in the process – even if you’re just getting started and are looking for a divorce expert to help assist you build your legal case.
— Q&A SECTION —
- Can you work with international divorces? Absolutely, depending on whether you are eligible to pursue a divorce in the UK Courts. We represent client’s who live outside of the UK and wish to use the UK Court system to pursue a divorce. There are a complex set of rules that apply when dealing with divorces being brought by a spouse from outside of the UK. We would suggest that you contact us to arrange a consultation to explore your options.
- Can I still get divorced if I’ve lost my marriage certificate? If you were married in the UK and you’ve lost your marriage certificate, it’s possible to still get a divorce. However, you will need to get a duplicate copy from the registrar office in order to proceed.
- How long does a divorce take? Depending on whether or not co-operation from both spouses is present, a divorce usually takes four to six months to complete.
How are finances arranged in a divorce?
There are various ways of resolving financial matters during the divorce process, but ultimately it depends on whether you and your partner can reach an agreement through mediation or collaborative law.
Often, couples will create a financial settlement after a divorce. This can be laid-out by the couple if they’re able to work together fairly, although a judge has the authority to create a settlement on behalf of spouses who are not willing to co-operate.
The judge will weigh out the needs of both sides, carefully assessing:
- The income and earning capacity of both parties
- The age of both parties
- The duration of the marriage
- The standard of living enjoyed by the family before the breakdown of the marriage
- The physical and mental capacity of both parties
- The parties Form E’s
If both parties had signed a pre-nuptial agreement before the marriage took place, this may be used to decide how finances are arranged when the divorce has been completed.
However, if court proceedings become inevitable, rest assured that our separation and divorce specialists will be at hand for practical advice, robust assistance and legal support at each stage.
Arrange a consultation with our Family Law Specialists today
We are able to cater for clients who live abroad via regular Skype meetings in order to facilitate a swift and easy divorce process, so there’s no need to worry if you’re unable to visit one of our family law offices.
We’re so passionate about keeping you informed that as soon as we receive an update on your claim, we’ll let you know within a matter of minutes.