Divorce

At Consilia Legal, we have a team of specialist family and divorce solicitors who are experts in the field of divorce and separation.

We understand the difficulties that a relationship breakdown can cause. Our aim is to work with you to achieve the best outcome for you and your family in the most pragmatic and cost-effective manner.

Divorce Proceedings

There is only one ground for divorce which is that your marriage has irretrievably broken down.

In order to establish irretrievable breakdown you have to prove one of the following 5 facts:-

  1. Your spouse has committed adultery and you find it intolerable to live with them.
  2. Your spouse has behaved in such a way that you cannot reasonably be expected to live with them.
  3. You have been separated for a period of two years and you each consent to a divorce.
  4. Desertion.
  5. You have been separated for a period of five years or more.

The law is shortly due to change to allow for a ‘no-fault’ divorce. At present this is not in place.

The divorce process is a paper-based procedure and you should not need to attend Court unless the process is defended by your spouse or civil partner or there are issues as to whom should bear the costs of the divorce.

The process tends to take an average of 6 months for undefended divorce proceedings depending upon how quickly the other party responds and the speed at which the Court deals with the paperwork.

The Divorce Process

The person who starts the divorce proceedings is known as the “Applicant/Petitioner” and their spouse is known as the “Respondent”.

1. The Petitioner will complete a Divorce Petition. Within the petition, the Petitioner will cite one of the followings facts to establish that the marriage has irretrievably broken down:-

a. Your spouse has committed adultery and you find it intolerable to live with them;
b. Your spouse has behaved in such a way that you cannot reasonably be expected to live with them;
c. You have been separated for a period of two years and you each consent to a divorce;
d. Desertion;
e. You have been separated for a period of five years or more.

1. The Petitioner will send the petition with the Court fee of £550 and their original marriage certificate to their local Family Court. You can find your local Court at https://courttribunalfinder.service.gov.uk;

2. The Court will send a copy of the petition to the Respondent together with the Acknowledgment of Service form. The Respondent is to return this form to confirm whether he/she intends to defend the proceedings and whether who pays for the divorce is agreed;

3. The Petitioner will then file two documents with the Court; a Statement in Support of the Divorce Petition and the Application for the Decree Nisi;

4. If the Court is satisfied that the Petitioner is entitled to a divorce or dissolution and the proceedings and/or costs are not defended the Court will pronounce a date for Decree Nisi– the first ruling to dissolve the marriage;

5. The Petitioner can file the Application for Decree Absolute no earlier than 6 weeks and 1 day after the Decree Nisi. The Court will then send both parties a sealed copy of the Decree Absolute. This brings the marriage to an end.

Financial Matters

The act of getting divorced however does not deal with financial or child-related issues and specialist advice is needed to ensure that you are fully informed as to your legal rights and obligations. For more information see our pages on FinancesChildren.

Contact Sarah

What Our Clients Say About Our Family Law Services

Laura Clapton has been brilliant and very professional through the Mediation process. I highly recommend her.

Jen Huggett

Absolutely five star service from Laura Clapton and her team, always kept informed of progress, and Laura was always available on the end of the phone to answer any questions. Highly recommended, thank you Consilia Legal.

Jane C

Professional and personal. Vicky was very caring and listened to my issue, advice was clear and easy to understand. Vicky ensured my mind was at ease and I knew my options. Excellent service. Sarah really knows the family sector, she puts you at ease instantly and ensures you are aware of all the options. Would definitely recommend this service. Thank you for your help.

Catherine White

Vicky guided me through the legal context of an employment and was very efficent, approachable and supportive. I would highly recommend this company and Vicky to others who need legal support and advice. Many thanks.

Maureen Sheridan

Had a great experience working with Victoria. Felt completely comfortable asking all kinds of questions and she always explained them really well.

Julia Mariani

I often get clients asking if I can assist with employment and family matters. As this is not my area of specialism I am conscious to help assist by passing them onto a trusted source who will look after the client in the best manner possible and with the same approach and ethos as myself. For employment and family matters I recommend to Consilia Legal as they contact the client promptly and provide practical no nonsense advice at a great value. I have no hesitation in recommending their services and will continue to direct my clients to them for this type of legal advice.

John Bailes

What our clients say about Consilia Legal on

  • review rating 5  I had a great service from Laura and her team at Consilia Legal and would certainly recommend them to others. The service was very friendly and informative keeping me up to date in a timely manner and been on hand to offer advice when needed. Thankyou.

    thumb Matthew Bell
    3/05/2019
  • review rating 5  Thanks Laura and team at Consilia Legal. Great service and such a pragmatic and human approach to the legal system. Fitted really well with my personal values. Truly aimed at being conciliatory rather than adversarial.

    thumb David Beaumont
    8/18/2019
  • review rating 5  I dealt with Vicky at Consilia Legal and I couldn't thank her and the team enough. Very fast and efficient and will go out of her way to help in anyway possible. Would recommend over and over again. Thank you

    thumb Lauren Clark
    2/11/2019
  • review rating 4  Consilia have done a good job of mediating the discussions across family and financial matters. Quick responses, good communication and a helpful/flexible approach.

    thumb Rob Hennessy
    3/06/2019
  • review rating 5  Excellent personal support, advice and understanding from Marie, Emma and the Team, thanks for all you have done. Highly recommended

    thumb Ian Reed
    5/30/2019
  • review rating 5  Professional, swift responses and detailed answered. Received THE BEST customer service from Andy Boyle at Consilia. Definitely Recomendd!

    thumb Arooj Iqbal
    3/18/2019
  • review rating 5  Consilia were fantastic helping me deal with a redundancy issue. They were helpful and professional. Really put my mind at ease knowing I had their help

    thumb Robert Cubbon
    10/07/2019

Latest articles

legal 500 Consilia Legal

Proud to be listed in the 2020 Legal 500

We're very proud of both our family and employment law team for ranking in The Legal 500 this year and for the fantastic write-up! Here...
Back to School Blog

Back to School – September

  Many families find it difficult to balance work and childcare at the start of the new school year as parents often need extra time...

Finalists in Lexis Nexis Family Law Awards 2019

  We are delighted to announce that our family law team have been shortlisted as finalists in the national Lexis Nexis Family Law Awards 2019....

Leeds

4 Park Place,
Leeds,
West Yorkshire,
LS1 2RU

 0113 322 9222
 enquiries@consilialegal.co.uk

Get In Touch

Harrogate

(By Appointment Only)

Windsor House,
Cornwall Road,
Harrogate,
HG1 2PW

 01423 222 220
 enquiries@consilialegal.co.uk

Got a question?
Get in touch!