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Divorce & Separation

Please note that from April 2013 the scope of Legal Aid no longer includes Divorce unless there is domestic violence involved.

In addition to our fixed fee divorce package we also advise upon divorce and separation where the divorce is defended, and this includes:

  • Divorce proceedings
  • Separation Agreements
  • Nullity petitions
  • Financial Arrangements on Divorce and Separation

Considering divorce or separation

Where a relationship has broken down, there are many aspects to consider which differ depending on whether there are children involved, jointly owned property and whether divorce is appropriate.  In many cases it is possible to reach an amicable solution, sometimes by meeting with a mediator on neutral territory.  We can arrange for mediation in the first instance.

Following mediation (or if this is not appropriate) then the involvement of solicitors can help remove some of the emotion from resolving whatever issues have arisen.  This could be by way of negotiation on behalf of clients, or by Court action if necessary.  Our family law team will provide friendly and confidential advice as to the routes open to you.

The divorce application – the decree absolute

The first element of divorce is the legal ending of the marriage.  The application process itself depends on whether the divorce is agreed or contested.

This application can be made as a standalone application.  The process is broadly as outlined on our fixed fee divorce page.

Financial Arrangements

The second element is the position in respect of finances, and this runs hand in hand with the divorce petition.  We advise clients to resolve finances at the same time as dealing with the divorce petition, as this is often the best opportunity to negotiate a clean break.  Until a consent order has been obtained (or another formal order of the court) your spouse (or former spouse) can potentially claim on any assets you hold. Read more on finances here.

Children

All matters relating to children can be considered at the same time as divorce, but form an entirely separate application to the Courts if this needs to be formalised.  Only a very basic amount of information needs to be presented to the Courts as part of the divorce process.

Typically, we would advise that this be dealt with at the same time as the divorce application, and it may be that this is best achieved by discussion and agreement between the parties involved.

Please see our information on Child Related Matters for further information.

Arranging the initial meeting
To arrange your free of charge initial meeting please call us and speak with one of the members of our family team.

It is helpful if you could bring along to that meeting (but not a problem if you forget!):

1. Your marriage certificate
2. Two forms of identification, including one photographic form of ID.

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Family Law & Matrimonial Law

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