Divorce/Separation

Separation and divorce are rarely easy. From issues regarding your children to dividing up assets, it can be a difficult and often distressing time. Because of the sensitive and personal issues which will be raised, it is important to choose a solicitor that is approachable and makes you feel comfortable. At Proctor Moore we will guide you through the process and do everything we can to find the settlement that works for you and your family. Our legal advice will always be explained to you in clear, no-nonsense way so that you know exactly what to expect. Our easy to talk to team will steer you clear of the legal pitfalls whilst trying to keep emotional and financial costs to a minimum.

Separation Agreement

A separation agreement is a written agreement between couples who intend to stop living together, setting out how they wish to resolve the issues of money, property and children. It is usually made by a married couple, but any couple can draw up an agreement as a way of resolving and confirming the arrangements they have come to. The advantage of a written agreement is that it is easier to ensure that both partners understand what has been agreed to.

Divorce

A divorce cannot be applied for until the couple have been married for at least one year. There are no exceptions to this rule. To get divorced in England and Wales, the marriage must be recognised as valid by United Kingdom law. One of the partners must have be living in England or Wales when the divorce is applied for and have been doing so during the year before the application is made.

The legal formality of getting a divorce is a fairly straightforward process. What is generally more complicated is dealing with the practical issues around a divorce such as where each person will live, who gets which possessions and arrangements for any children. Before agreeing matters with your spouse, it’s a good idea to take advice from our experienced solicitors about your rights and options available.

Grounds for Divorce

Divorce will be granted by the court if one or both of the partners can show that the marriage is beyond repair. Legally, this is known as the irretrievable breakdown of the marriage. For a marriage to have irretrievably broken down, one of the following must be proved:

  • Adultery
  • Unreasonable Behaviour
  • Desertion
  • Two Years Separation with Husband or Wife’s Consent
  • Five Years Separation

At Proctor Moore we can help by representing your interests in all aspects of the divorce process including: the divorce action, settling disagreements (preferably out of court), statement of arrangements for children, ancillary relief (financial matters), dealing with court orders and applying to have your divorce made absolute (decree absolute). Whatever your circumstances, we have the knowledge and expertise to handle this sensitive issue with due care.

Divorce Action

Fixed Fee £750.00 excluding VAT
Plus Additional Court Costs

We are able to offer a fixed fee for other services not including that already quoted and offer an initial FREE consultation so that we can have an outline of the work required.