Free Initial Advice: 0161 883 0460


Free Initial Advice: 0161 883 0460


Divorce

We aim to minimise the pain of divorce and separation and the emotional and financial costs.

Need a divorce solicitor? Get in touch today

Divorce and Dissolution of Civil Partnership Solicitors South Manchester & Cheshire

The breakdown of marriage is a highly emotional and stressful experience. Our expert family lawyers provide sensitive and practical advice, and use their knowledge and experience to guide you through the process of divorce. They aim to achieve the best possible outcome for you and your family.

What is a divorce?

Divorce is the process which brings a valid marriage to an end. A valid marriage is one that takes place in England and Wales. 
It must be recognised by the requirements of the Marriage Act 1949 (as amended) or if the marriage takes place abroad, the country in which the marriage took place. 
Alternatives to divorce are annulment and judicial separation.

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What are the grounds for divorce?

Since 6th April 2022, the requirement to allege and prove conduct (such as adultery or unreasonable behaviour) or separation grounds within divorce proceedings has been removed. A simple statement of “irretrievable breakdown” is the only basis for a divorce and dissolution. 


FAQs

When can you apply for a Divorce?

You have to have been married for 12 months and 1 day before you can issue Divorce proceedings. 
If you issue a petition on the anniversary of the date of your marriage, it will be rejected by the court. 

How long does a Divorce take? 

The new procedure which took effect on 6th April 2022 is more simple and straightforward for ending marriages and civil partnerships. 
Where the party is represented by a Solicitor, the Application must be made via the Court Service online portal. Paper Applications can be made by post for those without Solicitors. 
After the issue of the application there is a 20 week waiting period before a party can apply for a Conditional Order (formerly known as a Decree Nisi). Following the making of a Conditional Order, there is a further minimum 6-week wait before the Applicant can apply for a Final Order (formerly known as a Decree Absolute).

How much will it cost?

We charge £500 plus VAT, plus the court fee of £593. This is on the basis that your spouse cooperates with the divorce and we do not need to have them personally served or ask the Court to make an alternative form of service eg by way of email or personal media. 

When is my marriage brought to an end? 

Your marriage ends upon the making of the Final Order (formerly known as a Decree Absolute). Once the Final Order has been made, you are not entitled to any provisions made in your Spouses will or under their pension scheme as a Spouse. This does not prevent you making a financial application to the court. 

Can I make a joint application for Divorce? 

It is now possible for the parties to make a joint application to the Court. The application must be made through the Court’s digital service where either of the parties are legally represented. Applicant 1 is responsible for paying the court fee. 
On joint applications, there is no requirement with regard to service. The 20-week cooling off period starts from the date the court issues the Application.
The Conditional Order can be applied for jointly. However, one Applicant can apply on a sole basis, after which the application ceases to be a joint one and becomes a sole application and the Applicant 2 becomes a Respondent. The application for a Conditional Order must be sent to the other party.
After a Conditional Order is made, the same 6-week waiting applies for sole applications. After the 6-weeks, there is either a joint or sole application for a Final Order. The making of the Final Order ends the marriage or civil partnership.




What happens to my children on divorce?

Issues with regard to children are dealt separately from the Divorce proceedings and any application with regard to children have to be made in accordance with the Children’s Act. 
However, in dealing with matrimonial finances, the arrangements for children are treated as a priority by the Court.
 Where the children reside might impact on how the courts divide the matrimonial finances on divorce.

Do I have to sort out matrimonial finances before the Final order?

The Divorce and the Financial remedy proceedings within the divorce. Where there are substantial pension assets, the Applicant will often delay applying for the Final Order until financial issues have been resolved because he or she would lose their entitlement under their Spouses scheme upon the Final Order. 
There is no time limit for applying for a financial order and some applications have been made over 20 years after the making of the Final Order. It is essential, therefore that financial matters are resolved by way of an order with in the divorce proceedings.
For example, if one party remarries they can still make a claim on their Spouse for a Pension Sharing Order. 

Can I have a no fault divorce?

From 6th April 2022, all divorces, dissolutions and judicial separations will be subject to new law and new court rules. This is the start of “no-fault” divorce. The new law applies to Civil Partnerships as well as marriages.
Under the previous law, you needed to establish fault (unreasonable behaviour or adultery) or separation. As from April 2022, one spouse or the couple can make a statement of unreasonable breakdown of their marriage. 
The proceedings cannot be contested save on technical grounds eg jurisdiction because the statement of irretrievable breakdown is conclusive evidence of this, and the court must make a divorce order.
This is the first time that couples will be able to make a joint application to the court for a divorce.

Need a divorce solicitor? Get in touch today - 0161 883 0460