Divorce Solicitors

Merriman Solicitors (Incorporating AB Family Law)

Divorce can be an immensely stressful process that spouses go through when finalising their separation. With the support of an experienced divorce solicitor, both parties can navigate the intricacies of their divorce safely in the knowledge that once complete, it is legally binding. Fill out our contact form today to connect with one of our expert divorce solicitors and get the support you need.

What are the different grounds for divorce? 

Pre April 2022, there were five specific grounds for divorce, one of which was required to be cited in order to progress with the application. These were: 

• Adultery – when a partner is unfaithful. Unless an ongoing affair, you have six months to utilise this reason, although you cannot cite adultery if you choose to continue living with the unfaithful partner after discovery. 
• Unreasonable behaviour – when a partner acts in such a way that you cannot reasonably be expected to continue living with them. This includes (but is not limited to), physical abuse or the threat of such, verbal abuse, drug-taking or excessive alcohol consumption, carelessness with money, refusing to contribute to household finances or childcare.
• Separation for more than two years – if you haven’t lived together for two years, and both formally agree to divorce in writing. 
• Separation for more than five years – if you haven’t lived together for five years, you can cite this reason without the consent of your partner. 
• Desertion – if your spouse has left you for two years or more without your consent. This option is the most difficult to prove, your divorce solicitor can provide more information if this is relevant to your circumstances. 

Since April 2022, couples have been permitted to undertake a ‘no fault’ divorce, whereby no specific reason has to be highlighted. In this circumstance, all that is required is a statement to confirm that the marriage has irretrievably broken down and cannot be rectified. This eliminates the element of blame from the divorce process and is a suitable option for many couples. It is still possible however to cite one of the original five grounds for divorce if it is applicable to your personal situation. Your family law solicitor can help provide advice if you’re not sure which is the most suitable.  

What is the process to file a divorce? 

Once you have decided you would like to begin divorce proceedings, we recommend that firstly, you contact a qualified family law solicitor. They will be imperative in guiding you through the process, and taking on the administrative work and any legal complexities that may arise. 

It is possible to make a joint, or individual application for a divorce.  When proceeding with an individual application, a divorce petition will be sent to the Respondent, providing them with 14 days to fill in, and return the form to the court. A 20-week reflection period then ensues, whereby parties are encouraged to agree on aspects such as childcare, financial arrangements, housing arrangements and any other practicalities for their future apart. 

Following this, the Applicant will need to apply for a Conditional Order, which is followed by a second waiting period of six weeks. If required, a Financial Consent Order should be submitted to the court for approval at this stage. 

An application for the Final Order can be submitted after the six weeks have passed. If the Applicant doesn’t apply, the Respondent is able to do so three months later. Once the Final Order has been issued, the divorce is legally binding. 

Pensions and divorce 

Pensions can sometimes be one of the most valuable assets when it comes to divorce, and depending on personal circumstances, spouses may wish to discuss the following: 

• Pension sharing: splitting the existing pension pot at the time of the divorce. 
• Pension offsetting: balancing the pension rights against another asset or multiple assets. 
• Pension earmarking: arranging for a portion of one spouse’s pension to be paid to the other when it is released in the future. 

How much does a divorce cost? 

The costs associated with a divorce are usually dictated by your personal circumstances. It is possible, in some cases, to opt for an online divorce which can cost as little as a few hundred pounds. The traditional process involves a court filing fee (currently £593), and other smaller fees for related applications to the court. Divorce solicitor costs will fluctuate based on the firm itself, the nature of the proceedings and any complexities that arise. Please note, online divorces should always be approached with caution as they are not suitable for all couples. 

How can Merriman Solicitors (incorporating AB Family Law) help?

As highly experienced family law solicitors, Merriman Solicitors (incorporating AB Family Law) is adept at handling divorce proceedings for our clients. We provide the support required when dealing with emotive situations, and pride ourselves on our expertise. Should you wish to find out more about how we can help, please get in contact with our team to arrange a call or meeting, or visit one of our branches: Marlborough, Chippenham or Gloucester.