Divorce and Relationship Breakdown Solicitors

Our experts understand how difficult relationship breakdown is and can guide you through
  • Dedicated solicitor to handle your divorce
  • Understanding team who will put you at ease
  • Fully-qualified professionals
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What Happens When A Relationship Breaks Down?

When a relationship breaks down, emotions inevitably run high, whether they are feelings of sadness, anger, guilt or anxiety about what the future might hold. Alongside this are many practical arrangements that you need to consider and agree with your ex partner. This combination can feel overwhelming and confusing.

Every situation is unique, but getting advice from expert family law solicitors at the outset can help you to unravel things and gain clarity about the next steps.

If you are married or in a civil partnership, you will need to issue a divorce or dissolution application to begin the formal process of dissolving your marriage or partnership. You do not need to enter into mediation prior to doing this. A mediation information and assessment meeting (MIAM) is only required prior to issuing a court application for financial relief or child arrangements (except in exceptional circumstances). Mediation is voluntary but you must attend the MIAM. If, following that, you do not wish to engage with mediation or cannot reach an agreement after mediation has taken place, you can proceed with a court application. It is important to note that the court has the discretion to pause court proceedings and compel the parties to attempt to mediate if it is felt that they have not engaged in the mediation process effectively.

For separating couples who are unmarried but have children, your family solicitor can help you to agree how parenting can best be shared.

If you are unmarried and have no children but own property together or have shared financial commitments that you are struggling to reach agreement on, you will need advice from dispute resolution solicitors, rather than family lawyers.

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The Steps Involved in Getting A Divorce

We have a system of ‘no fault’ divorce in England and Wales, which means that the only ground for divorce is that your marriage has irretrievably broken down.

You can get divorced in England and Wales if you have been married for over a year, your marriage is legally recognised in the UK, your relationship has broken down irretrievably and the UK is your permanent home.

Step one:

The first thing we do when you instruct a Beswicks’ divorce solicitor is to meet with you so that you can fully explain your circumstances . We offer two types of initial appointment – a Beswicks Overview appointment, which includes an in-depth consultation with an experienced family solicitor, followed by a written Moving Forward Report outlining all of the information and advice that you have been given. This costs £250+vat. Alternatively, we offer a standard hour-long fixed fee appointment at £100+vat.

Step two:

Once you formally instruct us, we will prepare a draft divorce application for you to review, which contains information about your marriage, and your reasons for wanting a divorce. Once you are happy with the contents of the application, it can be sent to your spouse for them to review. If you wish, you can invite them to become a joint applicant, and to apply for the divorce alongside you. Your legal adviser will be able to discuss whether this is best for you. We allow your spouse 14 days to review the document and to instruct their own solicitors, if they wish to do so, before the application is sent to the court along with a court fee of £593.

Step three:

The court will issue the application and it will be sent to your spouse, usually by email. From this point on, you are known as the applicant and your spouse becomes the respondent. Your spouse, or their instructed solicitors, will be required to file an ‘Acknowledgement of Service’ form within 14 days of the application being issued and served, confirming that he or she has received the application and stating whether they are contesting the divorce. The divorce can only be contested on the basis that you are not actually married, you are already divorced, or the Courts of England and Wales do not have jurisdiction. If your spouse does not respond and does not file an acknowledgment of service, we can use a process server to ensure the application has been delivered and apply for ‘Deemed Service’. This enables you to apply for a conditional order for divorce despite your spouse failing to return the acknowledgment of service.

Step four:

If the divorce is not contested, we will apply for the conditional order for divorce by preparing a formal statement which answers a series of set questions. Your conditional order for divorce indicates that your papers have been accepted by the court. The court will then list a date for your conditional order for divorce to be pronounced in open court. You do not need to attend court for this part of the process. There must be a minimum six-week and one-day period after the conditional order for divorce has been pronounced before final order for divorce is applied for, which officially ends your marriage. The whole process, if straightforward, usually takes around seven months.

Step five:

While the divorce process is running, we can work on sorting out financial, pensions, property and children matters. These matters are treated as separate to your divorce, as financial proceedings must be dealt with by way of a divorce financial settlement. It is usual practice to ‘hold off’ on applying for final order for divorce until such a time as the financial aspect of your divorce is finalised which may delay matters should this be complex. Once the court has ruled on the settlement or the parties agree, it will be confirmed by a consent order.

How Beswicks’ Divorce and Relationship Breakdown Solicitors Can Help

Our team will carefully assess your situation and provide clear advice about the steps required to resolve matters, so that you can move on with your life.

We aim to make the divorce process as swift and painless as possible, ensuring you are fully aware of your rights and are carefully guided through each stage.

We usually recommend starting with a fixed fee appointment, so that we can gather as much information as possible about your circumstances and provide a clear roadmap as to the best next steps.

Following this, we will start work to prepare your divorce application and if you need assistance to negotiate financial and property matters or child arrangements, we can help with this too.

Fill out our enquiry form or call us now to find out more.

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