With decades of experience, our divorce lawyers provide clear, focused advice to ensure our clients successfully navigate the process and find a constructive solution that works for you.

Always on your side

No two divorces are the same, which is why we base our legal advice on you, your situation and your goals. We will then create a clear, tailored framework for you; one that proactively moves through the divorce process towards a timely and effective resolution. With a breadth of experience and skills, we can explore a wide range of options in order to avoid costly and damaging litigation but will always advise you if we believe that Court would be the most sensible way forward.

Separation and divorce involves making significant and often difficult decisions. We will help you understand the divorce process step-by-step, and can advise you in relation to other matters that will need to be agreed as part of that process including arrangements for the finances and children. This will ensure you understand the wider implications of your choices, so that you always have a clear view of your options. Even if something unexpected occurs, you can be sure that not only have we likely seen it before, but that it can be managed appropriately.

Expertise tailored to your circumstances

We don’t believe in working in isolation, so you will benefit from the expertise, insight and skills of the entire team at Blaser Mills Law. Where appropriate, we create multi-disciplinary teams so that you get expert legal advice, service and value at every stage. This allows us to utilise decades of experience dealing with a wide range of clients and divorces, including collaborative and mediation services to  help you find the right solution and avoid litigation where possible and appropriate.

We are experienced when it comes to international and cross-border divorce processes as well as UK divorce. A number of our divorce lawyers are individually ranked in Chambers and Partners and are also members of Resolution , the Law Society’s Family Law Accreditation Scheme and the Law Society’s Family Mediation Accreditation Scheme.

How to start the divorce process?

Before you begin the legal process of ending your marriage, it’s important to understand what you will need to do. For example, we can make sure the English Courts have jurisdiction to deal with the divorce and can advise you if you married abroad. You will have to make sure your case can proceed on one of the five facts that prove you have grounds for divorce. In order to divorce, you need to have been married for more than a year.

Get in touch with one of our expert divorce lawyers to talk about your situation and your options today. Contact Lucinda Holliday on +44 (0) 1494 478 624 or email ljmh@blasermills.co.uk

The Divorce Process

Grounds for divorce – the five facts

There is only one ground for the divorce in England and Wales and that is the irretrievable breakdown of the marriage. This has to be proved in one of five ways. If you’re considering applying for a divorce, then you may not be aware of the facts that you need to rely on for divorce. Simply put, they are a set of five facts you can give to explain why your marriage has irretrievably broken down. These are:

  • Adultery
    You must prove through actual admission that your husband or wife has had sexual intercourse with another person of the opposite sex and that you find it intolerable to go on living with them. If a sexual liaison short of sexual intercourse has taken place, it is suggested that the unreasonable behaviour ground is used instead.  Likewise, if you believe your spouse would be unwilling to admit to the adultery it would be advisable to rely on unreasonable behaviour.
    If you carry on living with your husband or wife for more than 6 months after you found out about their adultery you cannot use adultery as the reason for your divorce and again would have to rely on behaviour.
  • Behaviour
    This involves showing that your husband or wife has behaved in such a way that it would be unreasonable for you to be expected to remain living with them. If you are using this ground for divorce, you will be required to note in the divorce petition examples of their behaviour.
    It is worth bearing in mind that the court does not insist on severe allegations of unreasonable behaviour to grant a divorce. Relatively mild allegations such as devoting too much time to a career, your spouse having no common interest with you, or pursuing a separate social life may suffice. Using mild allegations may make it easier to agree the contents of the petition with your husband or wife and avoid prolonged debate about the divorce grounds but you should get advice to ensure that it is not too mild and would not be sufficient to show the Court that it is unreasonable for you to remain with them.
  • Separation for 2 years with both parties’ consent
    You have lived apart for at least two years and you both agree to the divorce. Your spouse’s consent is required if you proceed on this basis so you should speak to us if there is a risk that they might withhold this and we can advise on appropriate alternative grounds for divorce.
  • Separation for 5 years without the other person’s consent
    You have lived apart for at least five years. In this instance, you do not need the agreement of your husband or wife.
  • Desertion
    This is where your spouse has left you without your agreement for a continuous period of at least two years. This fact is almost never used.

Although we currently still have a fault-based system, we will explore with our clients the best way to minimise conflict within the process. We can help you show that your marriage has irretrievably broken down.

Is a no-fault divorce available?

Not yet. The Divorce, Dissolution and Separation Act 2020 has now been passed and given Royal Assent. It reforms the law so that no fault divorce will be available once the Act has been implemented, currently anticipated to be Autumn 2021.

International Divorce and Dissolution

A divorce or dissolution involving parties from different countries, whether nationals or expatriates, or involving assets held overseas can have added complexity and needs specialist advice. We can help with international family law disputes. If your case has any international element or you or your spouse has any connections to an EU country, you should seek advice as to the potential impact on you and any immediate action which should be taken.

Whatever your case our divorce lawyers will guide you through the process and ensure you are treated fairly, and that you get the most constructive result possible.

Understanding the divorce process 

Just as every relationship is unique, our extensive experience shows that every divorce is different. You may be able to end your marriage without a Court hearing if you and your ex-partner can mutually agree on a path forward. But if one of you does not agree to the divorce, the process is likely to take more time and cost more.

The first step is for your divorce petition to be issued at court. Your marriage certificate and a court fee are required. If you bring the divorce petition you are known as the petitioner.

The court serves the petition on your spouse. They will be known as the respondent. They must return their acknowledgement of service to the court and this will usually be their only involvement in the divorce itself.

The petitioner may then apply for the first stage of the divorce, decree nisi. This involves completing an application and standard statement in support.

The court reviews the application and, if satisfied that the criteria are met, grants a certificate of entitlement to decree nisi and sets a date for pronouncement.

Decree nisi is pronounced in open court and a copy sent to both parties but only in certain circumstances would you and your spouse be expected to attend court for this. From this stage onwards, the court has the power to make financial orders if asked . This includes the power to approve any financial order reached between you by agreement.

Six weeks and one day after decree nisi, the petitioner may apply for decree absolute. If they do not, the respondent may apply three months after that but this would usually require a separate hearing. Although you may apply for the decree absolute at this stage, there are often very good reasons for delaying this and it is essential that you seek legal advice before making the application.

Decree absolute is made and sent to both parties. Decree absolute finally terminates the marriage. It does not sever financial links between the parties .

Effect of Decree absolute

The Decree absolute finally terminates your marriage. Once you have a decree absolute you are free to remarry.

It also affects inheritance under a will. You should review your will after decree absolute as some or all its provisions may no longer be valid after divorce.

Decree absolute does not terminate your financial rights and responsibilities against or towards your former spouse. Financial issues must be considered and addressed separately by a court order to achieve finality. This can be done by consent, utilising several different dispute resolution options, or through the court.

Time scale

Most divorces in England that are mutually agreed take between 6-9 months, but we often deal with more complex divorces involving high-net-worth individuals such as business owners, international clients, sports professionals or families who have inherited their wealth. They tend to involve issues around finances and property, and they can sometimes take longer. It is not unusual for the resolution of the finances to take from between 1 – 2 years.

We will ensure we maintain clear and open dialogue with you as your divorce progresses, so that you always know what to expect.

Knowledge Hubs

Getting divorced involves making significant and often difficult decisions. We will help you understand the divorce process step-by-step, to help with this we have developed three distinct knowledge hubs to answer many frequently asked questions.

SPEAK TO ONE OF OUR TEAM TODAY

Sometimes taking the first step can be the hardest part of the divorce process. We have easily accessible offices in High Wycombe and Amersham, Buckinghamshire, get in touch with one of our expert divorce lawyers to talk about your situation and your options. Contact Lucinda Holliday on +44 (0) 1494 478 624, email ljmh@blasermills.co.uk.