Divorce or separation

If you are considering divorce or separation the dedicated Family Law team at Andersons Solicitors is here to help. Our specialist lawyers have the necessary experience, confidence and sensitivity to guide you through this daunting process, ensuring you are in safe hands.

Married or not - we can help

We understand that trying to assess the impact of your separation upon your children, your future, pensions, finances, property and sometimes a business is a difficult one. We are able to advise you on the range of options available to you and to consider with you the benefits of a particular course of action. Listening to you is always key to our approach because every case is different. Rest assured, our aim is not to steer you into divorce proceedings prematurely, but to guide you through the decision making progress at your pace.

Who divorces whom?

To prevent over-hasty decisions to end short marriages, at one year rule exists. This means that you have to have been married for more than a year before a divorce petition can be issued. So long the criteria enabling you to use the English legal system are satisfied, either a husband or a wife can apply to the court for a divorce. The person issuing the petition is called the Petitioner and the person responding to the proceedings is called the Respondent.

Divorce and irreconcilable differences

Contrary to popular belief (probably due to the prevalence of American films and television shows!) you cannot divorce for this reason alone in the UK. The fact that you simply don’t get along any more is not enough. The law requires that your marriage has irretrievably broken down and you show this by demonstrating one of the following five reasons:

• The Respondent’s adultery and the Petitioner must find it intolerable to live with the Respondent
• The Respondent’s unreasonable behaviour which the Petitioner cannot reasonably be expected to live with
• The Respondent having deserted the Petitioner for at least two years prior to the proceedings
• A continuous separation of at least two years and the Respondent must consent to the divorce
• A continuous separation of at least five years

The court will also need your marriage certificate and a form has to be completed confirming the arrangements that have been made for any children aged less than 18 years old.

There are court fees that need to be paid and our specialist family lawyers will be able to advise you of these as the proceedings progress.

If there are no disagreements about your children or finances then you can expect to be divorced in about 4 to 6 months. This is not always possible and we will advise you of the likely timescale at each stage of the procedure.