If your marriage breaks down you may want to consider whether to start divorce proceedings or for same sex couples you may want to dissolve your civil partnership. Our highly experienced family & divorce law team can guide you through the divorce process, ensuring that there is a fair division of family assets.
We deal with financial arrangements on separation and divorce including complex international, business or tax elements. We also deal with all children matters, including cases with an international context.
More information - Financial Matters - Frequently Asked Questions
There is only one basis for divorce in English law, and that is that the marriage has broken down "irretrievably". In order to obtain a divorce you need to prove irretrievable breakdown to the court by establishing one or more of the following "facts":
- that your spouse has committed adultery
- that your spouse has acted in such a way that it is unreasonable for you to be expected to live with them
- that your spouse has deserted you for two years
- that you and your spouse have lived apart for two years and your spouse consents to the divorce
- that you and your spouse have lived apart for five years, whether or not your spouse consents to the divorce
It is also possible to apply for judicial separation as an alternative to divorce. This does not end the marriage but it does formalise the separation. We can advise you on this where appropriate.
The law does not allow divorces in the first year of marriage, or dissolutions in the first year of a civil partnership.
In most cases an undefended divorce, where both parties agree to the divorce, takes approximately 4-6 months. Once the decree nisi is pronounced there is a period of 6 weeks before the decree absolute can be pronounced. It is the decree absolute that formally ends the marriage.
At Anthony Gold we adopt a constructive and conciliatory approach to resolving family problems arising from relationship breakdown. We offer mediation services from two highly experienced mediators. Mediation involves separating or separated couples, whether married or not, working out arrangements for themselves and their children. Five of our family lawyers are also collaborative lawyers. Collaborative law involves the couples and their lawyers agreeing not to go through the court system unless negotiations break down totally.
For further information contact our Family & Divorce Law team.
