The High Court has settled a dispute between a cohabiting couple over who should own the home they had shared until they split up. The couple, Mr Lee Hudson and Ms Jayne Hathway, had purchased their home in joint names. They both worked and paid their respective salaries into a joint account. Over time, Hudson’s earnings
Divorce & Separation
The prospect of divorce can be daunting. All our divorce lawyers are fully qualified, experienced and understanding. Our aim is to ensure we provide a pragmatic and sensitive approach.
Talk to one of our friendly and experienced team on 01442 872311
How do I get a divorce?
To apply for a divorce you must have been married for at least one year. There is only one ‘ground’ for divorce with the provision of a statement of irretrievable breakdown of the marriage. It is no longer necessary to assign blame on the other party or to have been separated for a minimum period of two years.
How much does it cost to get divorced?
We offer fixed-fee advice. Our fixed fee uncontested divorce (Petitioner) is £650 plus VAT and the court fee of £593 (total £1,373).
- Fixed Fee Pricing Information – Uncontested Divorce (Petitioner) or Dissolution of Civil Partnership
- Fixed Fee Pricing Information – Uncontested Divorce or Dissolution of Civil Partnership (Respondent)
How long does it take to get divorced?
The divorce process will be a minimum of 26 weeks but may be longer depending on the court timescales and whether or not there is a delay with applying for the Final Order until financial matters have been resolved.
How will the assets be divided?
The division of assets does depend on individual circumstances taking into consideration the factors in Section 25 of the Matrimonial Causes Act 1973, there is not one rule for all. We can provide detailed advice based upon your assets and circumstances and would recommend attending an initial fixed fee appointment to discuss this and obtain the tailored advice you need.
Is maintenance payable?
It is preferable to try to agree payment of maintenance for children on a voluntary basis using the Child Maintenance Service (CMS) guidelines. If an agreement cannot be reached, the CMS has exclusive jurisdiction in respect of maintenance for children. A CMS calculator can be found on the CMS website.
Please note spousal maintenance is separate to child maintenance and dealt with in the overall division of the assets (see above).
Related Resources (View more resources)
Presentation slides from the webinar ‘Cohabiting Couples & Living Together – What are your legal rights?’
The new no-fault divorce law comes into effect from the 6th April. Read our helpful factsheet to learn more about the upcoming changes
Join Stephen Nolan and Richard Phillips for our latest #AskMachins podcast focussing on the Mediation process in Family Law. If you have any questions or would like to get in touch with our Family Law Team then they’d to love to hear from you on 01442 872311
Take a look at some of the common myths and misconceptions in family law.