Divorce, Dissolution & Judicial Separation
If you took a step to make your relationship formal, you may need to formally end the relationship through one of the mechanisms. Many Solicitors offer a cheap service in this area in order to attract your loyalty so they can make money from the Financial arrangements which are not included in their fixed fee prices for divorce.
Divorce is the irretrievable breakdown of the marriage based upon one of the facts contained under s.1(2) Matrimonial Causes Act 1973. There is a bar non an application for the first year of marriage. The five facts are:
- Adultery & the petitioner finds it intolerable to live with
- Unreasonable Behaviour of the respondent
- The Respondent has deserted the petitioner for at least 2 years
- The parties have lived apart continuously for a period of 2 years and both parties consent
- The parties have lived apart continuously for a period of 5 years
One party makes the Petition and pays the fee , currently £550. The other is the respondent. If it is not contested then a Decree Nisi can be obtained and 6weeks and one day later can apply for the Decree Absolute.
Judicial separation is an alternative for those couples who do not want to live together but for either religious reasons or just because they do not want to divorce. The petitioner still has to base the application upon the facts contained under s1(2) Matrimonial Causes Act 1973.
Separation is the term used under the Civil Partnership Act 1994 and the petition need to be based upon one of the facts listed under s.44 CPA. 1994. These are similar facts to above but without the fact of adultery.
Common Key Issues we help to resolve
- Deciding on which method of separation is acceptable to both parties, if any.
- Deciding on what fact will be used, if any
- Deciding on who will pay for the process
- Deciding on a timeframe for the process
- Deciding on a common message given to any children