Every divorce is different from the next and as such we treat each case individually. However we include general information which you may find helpful.

The family solicitors will calculate and advise you as to whether you are entitle to Legal Aid. If you are not, a structured payment plan will be worked out with you. As a private client the costs of settling family matters can accrue very quickly. We usually ask for a lump sum payment at the start of you case followed by a monthly standing order payment. This saves you being presented with the full bill at the end of your case.

Overview of Divorce Proceedings
The Divorce Petition contains all the information about you as a couple including where you were married, where you last lived before the marriage broke down, any children you have and the reason why the marriage broke down.

The Statement of Arrangements contains details of where the children are living, what arrangements have been made for contact (access) and residence (custody) and important details about their health, welfare and education and any payment for their upkeep.

These documents are sent to the court along with the marriage certificate and if appropriate, the issue fee. The Petitioner (person initiating the divorce) will be notified of the date the Court posted those documents to the Respondent (the other party in the marriage) who has 14 days in which to acknowledge that they have received them and whether or not they agree with what is said.

The Court then sends an Acknowledgement Form to the Petitioner's Solicitor who prepares a statement for their client in which it is confirmed that everything in the Petition is, subject to any alterations, true. That document known as an Affidavit is sent to the Court who fix a date for the Decree Nisi to be pronounced. This usually takes about 3 weeks.

As long as there are no further problems, then you will be entitled 6 weeks after the Decree Nisi to apply for your decree to be made into a Decree Absolute. This is the final part of the legal procedure in ending the marriage itself. It is only when the Decree Absolute has been pronounced that you are finally divorced and are free to remarry in the future.

Finances
Often, part of the concerns you have when seeking legal advice is, "How much am I entitled to?" and "How do I cope financially in the future?"

The assets of any marriage including

the matrimonial home if it owned
occupational pensions
motor vehicles
timeshares
second homes
cash savings
PEP's
ISA's

can be used to calculate the sum that each party to the marriage is entitled to.

Generally speaking it is possible after negotiation between lawyers to reach a settlement which is acceptable to both parties and the settlement is placed before the Court for its approval and encompassed in a Consent Order.

Occasionally, it is not possible to agree and the matter has to be heard before a District Judge in the County Court.

In both scenarios, the parties have had to disclose everything about their financial affairs. This process is known as disclosure.

As a general guide, a consent order, which can only be made after a decree nisi, can take between 3 and 12 months to finalise. A contested order between 9 and 18 months.

An important consideration may also be the entitlement to Welfare Benefits. We can provide you with advice upon your entitlement and how any financial settlement may affect any existing or future claims for benefit.

The Children
Inevitably, where there are children from the marriage or from a previous relationship, tensions can be very much higher. It is most often in this area that differences between the parties are highlighted.

Where the parties have been married, both of them automatically acquire Parental Responsibility. This means that both parents are entitled to be consulted on major decisions affecting the child or children.

However, the problem of with whom the children are to live and arrangements for contact with the other party can be a very delicate area.

More often that not the parties can agree this between them but, occasionally there are problems and it becomes necessary for some more formal intervention. This does not automatically involve the Courts - it can sometimes be resolved through Mediation. There can be a fee to pay which varies depending upon your income but, it can provide a non-confrontational atmosphere in which to resolve problems. If it is not possible to resolve the problems either through mediation or negotiation, then the Court can make various orders including a residence order and a contact order.