Separation and Divorce
At Whitestone Solicitors, we actively encourage reconciliation if it is possible. Even if reconciliation does not take place, it should not be automatically assumed when a marriage comes to an end the parties should apply for a divorce immediately. The parties could enter into a separation agreement in order to put in place any agreement the parties have reached in relation to matters such as finances. Just like Pre-Nuptial and Cohabitation Agreements, although a Separation Agreement is not strictly enforceable the Court could be persuaded by it, if the principles of the Cohabitation Agreement (as outlined under the heading of Pre-Nuptial and Cohabitation Agreements) are followed.
With regards to Divorce, the procedure in undefended divorce cases is quite straightforward. It is rare for anyone to have to appear in court, and in most cases the matter is dealt with "on paper" or procedurally.
The party seeking the divorce must wait one year after the marriage took place before issuing divorce proceedings.
There is one basic ground for divorce i.e. the marriage has irretrievably broken down. However, this needs to be proved by one of five factors.
- That the other party has committed adultery.
- That the other party has behaved in such a way that the petitioning party cannot reasonably be expected to live with him/her i.e. unreasonable behaviour.
- That the parties have been separated for a period of 2 years and the other party consents to the divorce.
- The parties have been separated for 5 years.
- That there has been desertion.
If one of these factors exists, divorce proceedings are started by a petition being prepared and filed at court. It is considered good practice for matters to be dealt with as amicably as possible, particularly where unreasonable behaviour is pleaded.
Assuming the Petition has been served on the other party and he/she has returned the Acknowledgement of Service confirming he/she does not intend to defend the divorce, the petitioning party will then need to complete an application called the Affidavit in Support. A District Judge will consider the application and if he/she is satisfied with it, the Decree Nisi will be granted.
At this stage if a financial settlement has been reached, a Consent Order will be prepared, signed by the parties and submitted to the Court for approval. The Consent Order will only be binding once the Decree Absolute has been granted which formally brings the marriage to an end.
The Decree Absolute can only be applied for 6 weeks and 1 day after the Decree Nisi. The whole matter should take between 3 to 6 months.
If financial issues cannot be resolved, Ancillary Relief proceedings will need to be issued, the details of which are discussed below under the heading of “finances”.
Personal injury covers a wide range of injury types – from whiplash injuries sustained in road traffic accidents, to broken bones from slipping on a damaged pavement, even health problems caused through medical negligence.Find Out More
If you are buying or selling a house or commercial property, our legal team are experts in residential conveyancing and commercial conveyancing. We aim to deal with your conveyancing in a cost effective and efficient manner.Find Out More
Our expert immigration solicitors provide you with accurate legal advice and guidance, thorough effective case preparation and legal representation before the Immigration and Asylum Chamber of the Tribunals Service.Find Out More
Serious injury compensation claims should only be dealt with by experienced personal injury lawyers like Whitestone Solicitors. With over 30 years of experience in serious injury claims, you will receive the very best legal advice.Find Out More
Complete the enquiry form below and a member of our team will contact you.
Whitestone Solicitors to be awarded Silver Medal at HRH Gala Dinner
Whitestone Solicitors have been invited to the HRH Pakistan Recovery Fund Gala dinner to be issued w More
Whitestones Curtis Woodhouse finishes off Southpaw McArthur
Our man, footballer-turned boxer Curtis Woodhouse made a strong statement to his domestic rivals wit More
Be careful when driving in poor weather conditions
Now that the summer is officially over and the clocks have changed, it’s getting darker earlier an More
Curtis ‘Whitestone Warrior’ Woodhouse
We have always been very fond of sponsoring sport personalities aswell as local events. At Whiteston More
Client suffered a serious knee injury after a vehicle collided into his bicycle.
After an RTA our client suffered an unusual hand injury.
Awarded £15,000 at Court
|Mr R. U
Our client was knocked down by a lorry door and Suffered injury to face and shoulder.
Hit in shoulder by wing mirror of a Royal Mail van while out walking.
Injured as a passenger in a vehicle when a tyre blew out causing driver to lose control.
Involved in an RTA with a Metropolitan Police vehicle, and they denied liability.
|Mr V. G
Our client was knocked over by a motorbike, and suffered injuries to her head and hand.
Client worked in a high street store when they slipped on wet floor and dislocated right shoulder.
|Mrs J. E
Suffered injury to her shoulder after and RTA that required ongoing treatment.
Our client was involved in a RTA suffering very serious injuries.
Awarded £137,000 following 3 day trial
|Mr M. R
Our client sustained injuries in an accident with a foreign lorry.
|Mr D. D
During and RTA, our client suffered injuries to their neck, back, shoulder and foot.
Sustained a whiplash injury when a taxi he was a passenger in was involved in a RTA.
Client injured after being hit on the side of head by bus wing mirror while waiting to cross the road.
After a fall off a ladder at work, our client suffered injuries to the head and abdomen.
Wheels of work trolley got stuck as floor was not level and injured wrist whilst lifting the trolley.
|Mr S. A
During an RTA our client suffered a knee injury
After an RTA our client client suffered a back injury which caused great difficulty.
|Follow us on Twitter|