Getting the right legal advice from a specialist family law solicitor is essential if you are considering getting divorced. You need to know where you stand, and what your rights are with regard to family finances and your children.
Bonallack and Bishop have a highly specialist family law team – divorce and family law is all they do. We can provide you with the advice you need at a time when you really need it.
Our experts can help you with a full range of legal issues, ranging from divorce and financial issues, to child maintenance and cohabitation .
FREE phone advice and a FREE 1st 1/2 hour appointment for all Family Law Issues
Don’t suffer in silence – find out where you stand with FREE telephone advice and a FREE 30 minute interview with one of our team.
Family mediation – and how it can help you
Even if you still get on well with your partner and enjoy a reasonably good relationship, discussing family finances and children can be difficult. Sometimes however good the intentions of both partners, communication just breaks down.
If this is what you’re going through, or fear could happen, mediation could be the answer. It doesn’t work for everyone – but for a couple who are prepared to work on solutions rather than fight a battle, it can work really well.
Mediators are not there to provide you with your own legal advice [you keep your own solicitor for that] – they are independent and don’t take sides.their role is to help the two of you reach practical solutions to your problems – not to argue who is “right” or “wrong”.
Here at Bonallack and Bishop we have a fully accredited lawyer/mediator, Lisa Holden.
Click here to find more about family mediation
My divorce – what is the process?
The divorce process starts once the first document, called a Petition, is sent to the court by the spouse who starts the divorce (the Petitioner) – the court then sends a copy to the other spouse (the Respondent). From filing the petition to the issue of the Decree Absolute takes,on average between 4 and 6 months. However, the vast majority of experienced family lawyers, hold off applying for decree absolute until a final agreement over family finances has been agreed.
- Grounds for divorce
Divorce needs to be based on one of five “facts – the reasons for filing a divorce which are stated in the Petition, These are:
1. the Respondent has behaved unreasonably, i.e. not behaved in an expected manner
2. the Respondent has committed adultery
3. either party has been deserted for two years or more
4. the couple has been separated for 2 years and mutually agreed to file for a divorce
5. the couple has been separated for 5 years
When the Petition is filed, the Marriage Certificate and Statement of Arrangements (living and schooling arrangement for the children) are also submitted together with the court fee
• Acknowledgement of Service.
Once the Petition has been received and processed by the court, a copy is sent to the Respondent who then signs an acknowledgement receipt to signify agreement to a divorce, called an Acknowledgement of Service. If the Respondent does not agree with the divorce and any arrangements included in it, they need not sign the receipt. A copy of this acknowledgement is sent to the Petitioner
• Request for Directions for Trial
On receiving a copy of the Acknowledgement of the Respondent, the Petitioner files another document called the Request for Directions for Trial which must be accompanied by an Affidavit (sworn statement)
• Decree Nisi
The Petitioner will also request that this stage a Decree Nisi – which is a provisional order for a divorce once the court satisfied with that the grounds for divorce have been proved. The court then sets a date which is usually 6 weeks and one day after the issue of the Decree Nisi, at which point the Petitioner can file for a Decree Absolute
• Decree Absolute is the final order in the dissolution of a marriage at which stage the divorce is finalised and the marriage over
A broadly similar process applies for civil partnership dissolution [or civil partnership or same sex divorce as it is more commonly known] – although one obvious difference is that with regard to civil partnerships, adultery is not accepted as a ground for dissolution.
Looking For Divorce Solicitors In Gillingham? Call Us Today
Getting divorced and separating is often a time of conflict and heartache which can put families under tremendous pressure.
Contact one of our specialist Divorce Solicitors at the earliest opportunity to make sure that you get the most expert family law advice -and to really put your mind at rest, your first 30 minutes appointment with a divorce solicitor from our experienced team is absolutely FREE.
For more information about how our family law team can help you;
- Call us on FREEPHONE 0800 1404544 or our local offices in Salisbury (01722) 422300 or Fordingbridge (01425) 652110
- Complete the email enquiry form below.