Divorce

Family Law Solicitors

Solicitors at Garner and Hancock are experienced in guiding you through the divorce process. Our team successfully protects our client’s personal and financial interests during a divorce.

Vinay Tanna

Managing Director

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The Divorce Process

In order to apply for a divorce you must have been married for more than 12 months.  Anyone applying for a Divorce Order can do so individually or jointly with their spouse. The Court will issue the Application and after a minimum period of 20 weeks, the applicant(s) will confirm that they wish the Application to continue and apply for the Conditional Order. This is the penultimate order.

Six weeks and one day after the Conditional Order is made, the applicant(s) can apply to the Court for the Final Divorce Order, although you should not do so without first seeking advice as to the implications. Once that is granted you are divorced.

The Sole Ground for Divorce

The law relating to divorce changed on 6 April 2022 removing the requirement to assign blame by providing evidence of conduct such as unreasonable behaviour and adultery or relying upon a period of separation, in support of a divorce. Instead, a divorce Application now simply requires the applicant(s) to provide a statement that the marriage has broken down irretrievably. No evidence is required beyond making this statement.

The ability to defend the decision to divorce has also been removed.

How Long Does a Divorce Take?

A straight-forward process will take between 6 and 9 months to complete due to (1) the minimum period of 20 weeks between the issue of the Application and when the applicant(s) may apply for a Conditional Order and (2) the further minimum period of 6 weeks between the Conditional Order and the applicant(s) being entitled to apply for the Final Order. This takes into account court delays.

The intention behind the minimum periods is to allow the parties a period of reflection and to endeavour to agree on practical arrangements for the future.  Disagreements about the finances involved can prolong the process considerably.

Our team of divorce solicitors have the necessary experience and in-depth knowledge of family law and procedures to move divorce proceedings along efficiently, whilst ensuring your best interests are being protected.  We will provide practical, uncomplicated advice on the divorce itself as well as matters surrounding any children you and your estranged spouse have together and the matrimonial finances.

If you would like to discuss this matter with one of our specialist solicitors, please contact us to make an appointment, either in person or remotely. But first, take advantage of a free consultation over the phone.