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Divorce and Separation
If you have made the decision to separate or get divorced, we realise how stressful this can be on all the family. We have a team of specialist family solicitors and divorce lawyers who are committed to finding the right solution for you and your family.
At Larcomes, we have considerable experience in all areas of family law relating to separation and divorce, child matters and matrimonial finances.
Our specialist family solicitors can advise you on all divorce and separation matters including:
- The Divorce Process
- Financial Matters
- Child Matters
Please contact our specialist divorce and separation team on 023 9244 8100 or make an online enquiry.
What are the grounds for Divorce?
Traditionally, the grounds of divorce would require one spouse to make accusations about the other’s conduct, ‘unreasonable behaviour’ or adultery for example, or alternatively be required to face years of separation before a couple can be granted a divorce, even if the decision to separate was mutual. Under these existing rules, couples are required to prove one of the following ‘facts’ in support of the divorce, which include:
- Unreasonable behaviour
- Two years’ separation without consent
- Five years separation (with or without consent)
No-Fault Divorce to start in 2022
However, in one of the biggest overhauls of divorce law in modern history, a new bill introducing “no-fault” divorces in England and Wales has been backed by MPs, voting in favour of the latest stage of the ‘Divorce, Dissolution and Separation Bill’. Resolution, the national family justice body, has been campaigning for 30 years to end the requirement for couples to assign fault in order to be granted a divorce, aiming to reduce the impact that allegations of blame can have on a couple and most importantly any children involved.
When passed, the updated legislation will allow a statement of irretrievable breakdown, enabling couples to remove fault from the divorce process, and also allows for a new option in which couples can jointly apply for a divorce where the decision to separate is a mutual one. Terms such as “decree nisi” and “decree absolute” will be replaced with “conditional order” and “final order” and “petitioners” will also become “applicants”.
There will be a minimum time frame of 20 weeks (6 months) post the petition stage, with an “opportunity to reflect and turn back” and if after the end of that period the applicant affirms their decision to get divorced, couples will be able to have their divorce granted.
Whilst couples seeking a no-fault divorce will have to wait until early 2022, family lawyers are delighted to see the bill reach the end of its parliamentary journey. The Law Society said ‘no-fault’ divorce will bring divorce law into the 21st century.
Read our blog – No Fault Divorce will commence April 2022
Do I need legal advice to get divorced?
If you feel that the divorce or separation will be straightforward, there are options available such as ‘online divorce services’ and ‘DIY Divorce Services’, however, this is not advisable if there are other more complicating factors involved such as agreement on finances, debt responsibility or access to children to take into consideration.
There are also specific conditions that apply to each of the grounds for divorce above, and for this reason, it is always advisable to seek the advice of a qualified solicitor who specialises in family law and divorce before deciding on which would be the best action to take. If you would like to understand more about how the current – or upcoming – divorce laws may impact you, our specialist family law experts at Larcomes can provide helpful advice and support.
All our family solicitors are committed to the Resolution Code of Practice, which promotes an approach to family law that is sensitive, constructive, cost-effective and will most likely result in an amicable agreement. Our experienced team of family solicitors includes accredited members of the Law Society’s Family Panel and the Law Society’s Children Panel, so you can be confident that we will be there to guide you through the process every step of the way.
Expert Divorce Solicitors
Regardless of the complexity of your divorce or separation, our solicitors in Portsmouth and Waterlooville, have the knowledge and expertise to help. We will explain all the options available to you, ensure you are aware of the costs involved, guiding, and supporting you through every step of the process.
Remember you can talk to us in complete confidence and gain reassurance from speaking to someone who understands your situation.
Get in Touch
To speak with one of our specialist family law team, please call on 023 9244 810 or make an online enquiry
Supported by an expert team is our specialist Family Law Solicitor Sandra Phillips
Find out more about our Family Law Accreditations