Separations can be challenging times for individuals and/or the family.
Divorces are generally straightforward, if the parties are in agreement. However, they can be more challenging if the other party is not agreeable to the divorce. One may seek advice and/or representation in petitioning for a divorce or defending a divorce.
One may be facing challenges in respect of the practicalities of separating for example where to live, the arrangements in respect of the children and/or financial matters. You can speak to a Solicitor at Rafiq & Co Solicitors Limited to help you in such difficulties.
Rafiq & Co Solicitors have experience in representing clients in divorce proceedings whether filing for divorce or defending a divorce. In addition to challenging the validity of a marriage and jurisdictional issues such as whether the English Courts can deal with a praticular divorce or not.
Starting a divorce
Providing you are legally married (it does not matter where your marriage took place) for at least a year and either party or both of the parties are/is resident in England and Wales or has been resident in England and Wales in the preceding year, you can petition for a divorce.
The grounds for a divorce
There is only one ground for a divorce in that the marriage has broken down irretrievably. To prove this you must rely upon one of the five facts which are:
- The other party has committed adultery and you find it intolerable to continue to live with that party, or
- The other party has behaved in such a way that it would be unreasonable for you to continue living together, or
- The other party has deserted you for a continuous period of at least two years, or
- Both parties have been living separately for least two years or more and the other party is agreeable to a divorce, or
- Both parties have been living separately for at least five years or more (consent is not necessarily needed from the other party).
Defending a divorce
One can defend a divorce if they are of the view that the marriage has not broken down irretrievably.
One can also defend a divorce if they believe that the fact being relied upon is not true.
There is also a defence against a petition on the fact that the parties have been living separately for five or more years, in that a divorce would result in grave financial or other hardship and that it would be wrong in all the circumstances to dissolve the marriage.
You can speak to Rafiq & Co Solicitors Limited in respect their fees in respect of their advice and representation for your divorce. Generally, where the divorce is straightforward for example where the parties are in agreement, then fees shall be minimal and generally a fixed fee can be agreed.
However, where for example divorce proceedings are challenged then fees can be more expensive.
The Court fee for filing a petition for a divorce as at May 2021 is £550.
You may also be eligible to legal aid (subject to meeting requirements). Feel free to contact Rafiq & Co Solicitors Limited to enquire eligibility.
Call Rafiq & Co Solicitors Limited on (01274) 525710 with your enquiry and/or to book your free initial 30 minute consultation.