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Divorce Law solicitors
Fixed Fee Divorce Services from £250+vat
Divorce Lawyers North Wales & Cheshire: Divorce Law & Separation Specialists
Our dedicated Divorce Solicitors are exceptionally skilful in this complicated area of law.
We care about what happens to you so we take a personalised approach to each case, paying close attention to the details to ensure the best possible outcome for you.
The family law specialists at PSR Solicitors have a breadth of experience when it comes to helping clients with their divorce and the wide-ranging issues that can arise. Every situation is different so it is essential that you take professional advice tailored to your own particular circumstances.
We regularly act for clients on many specialist areas of divorce and separation including:
- Child arrangements
- Assets and finances
- Business and divorce
- High net worth individuals
What are the Grounds for Divorce in England & Wales?
In fact, there is only one valid reason for getting a divorce in the UK. You must be able to prove to the court that your marriage has irretrievably broken down.
In order to do that you will need to prove that one of the five following things have happened:
- Unreasonable behaviour
- You’ve lived apart for two years and both agree to divorce
- You lived apart for five years if your partner doesn’t agree to the divorce
What is the process for getting a divorce?
File a Divorce Petition
The first step in the divorce process is to file a divorce petition. This is the main document in the divorce process. It is completed by the person who wants to initiate divorce proceedings. This form (Form D8) sets out the reasons why your marriage has broken down and how you plan to deal with the key issues of arrangements for any children and the financial aspects.
Acknowledgement of Service
The next step is for the court to send a copy of the divorce petition to your spouse with another form for them to complete called an Acknowledgement of Service form. The Acknowledgement of Service form confirms that they have received the papers, agree with the reasons given for divorce and whether they agree to the divorce or not. Your spouse must return this form within 7 days.
Unless there are complications at the previous stage, the next step is to apply for the Decree Nisi. This is where the judge looks at your application for a divorce and decides whether it can go ahead. If it can, the judge will pronounce your Decree Nisi and you can apply for the Decree Absolute 6 weeks and 1 day later.
The final step is to apply for the Decree Absolute. This is what legally ends your marriage.
Until the Decree Absolute is granted, you and your spouse remain legally married. This can have an effect if you or your spouse dies before the Decree Absolute is granted. In this situation, if you do not have a valid will, your spouse will receive a part, if not all, of your Estate. Due to this, we would always recommend making a will once you begin the divorce process.
Is mediation necessary before getting a divorce?
If there are also finances to deal with as part of the divorce, mediation is a suitable way for most couples to deal with matrimonial finances without going to court.
In most cases, the family court will want to see that you have at least attempted to make amicable decisions about your finances through the process of mediation.
As a minimum, it is likely that you will have to attend a Mediation Information and Assessment Meeting (MIAM). This meeting is held between the divorcing couple and a professional mediator and is essential to decide whether mediation is a suitable route for you to take.
If it is clear that the relationship between the two of you is so acrimonious that mediation is unlikely to help you resolve your disputes, you do not have to go ahead with it.
Will I have to go to Court during my divorce?
It is very unlikely that you will have to attend court to obtain a divorce. You may need to go to court in relation to the matrimonial finances if an informal agreement can be reached or by using other methods such as negotiations through solicitors or at mediation.
Our solicitors are very experienced in helping clients reach a resolution in a collaborative way. When this can be done, there is no need to go to court and costs and stress are minimised.
For financial agreements, it is worthwhile obtaining approval from the court to ensure it's both legal and fair to both parties, but you will not normally need to attend.
If an agreement can’t be reached and an application for financial provision is made to the court, we will continue to work on finding an amicable resolution. We often achieve this before the final hearing and before a decision from the judge is necessary.
How long will the divorce take?
As with most legal procedures, a lot depends on individual circumstances and the behaviour of the people involved. There is no definitive time frame for a divorce but it typically takes between five and eight months if both parties agree.
How will child access be arranged?
Parents usually make decisions about child custody and access themselves. There are usually no objections from the courts The law puts the best interests of the children first.
What many people refer to as custody and access are known by the courts as Child Arrangements. In the event that you are unable to come to an agreement with regard to Child Arrangements. You are able to go through mediation or, as a last resort, through the court. The Court will make the decision for you in a document called the Child Arrangement Order.
There is clearly a lot to think about. Where will the children live? How much contact will they have with their other parent? Where will they spend the school holidays? What does the child want?
This will all be decided in the child’s best interests taking account of all the emotional, physical and educational needs of the child alongside the capability of each parent and the characteristics of the child.
How will child support be arranged?
Both parents are responsible for the living costs of a child until the child reaches the age of 16 or the age of 20 if they remain in full-time education.
If you are able to reach an agreement between yourselves, no one else has to be involved at all. This keeps things flexible allowing changes to be made over time. There are all sorts of ways of sharing the financial responsibility of raising the children so it's a case of figuring out what works best for you.
The Child Maintenance Service sets the formula for calculating maintenance payments in the UK. It is based on the paying parent’s income up to a maximum of £156,000 of earnings in a year.
It can sometimes be difficult to work out maintenance payments using this formula, especially where the paying parent is self-employed or their income is complicated.
If you can’t agree on how child arrangement payments between you, the Child Maintenace Service will intervene and work out the figure for you.
How will our property be separated?
What happens to the family home is one of the biggest decisions divorcing couples have to make.
Where children are involved as well, the need to minimise any disruption to them, and to their school life, in particular, should be at the forefront of your mind.
In some cases, both parents move out and the proceeds of the sale are split. In other cases, one side buys the other out.
Sometimes the time isn’t right to make either of those two moves right away, so both parties continue to have shared ownership of the property and other financial arrangements are made for the short to medium term.
A lot depends on your individual circumstances and our solicitors will be able to advise you in more detail.
How much does a divorce cost?
We undertake a fixed fee for divorces with are as follows:
If we are acting on behalf of the person who initiates the Divorce proceedings (the Petitioner), we charge a fixed fee of £500 + VAT. There is also a court fee of £550.
If we are acting on behalf of the person who received the Divorce proceedings (the Respondent) we charge a fixed fee of £250 + VAT.
Depending on the reason for the divorce, you may also be ordered by the court to pay the Petitioner's legal fees.
If we are also instructed in the financial aspect, there will be further fees which will depend on your individual circumstances and your solicitor will be able to advise you regarding this.
What is a Clean-Break Divorce?
Many people are unaware that a divorce does not stop all financial obligations between spouses.
Unless you obtain a Clean Break Order from the Court, it is possible for your ex-spouse to make a financial claim against you at any time in the future.
A Clean Break Order is a step we always advise our clients to take if the circumstances of your marriage were such that the order is likely to be approved.
Visit our page on clean break divorces to find out more about this.
Contact our Expert Divorce Solicitors today
Established in 2009, we have become the family solicitors of choice for clients in Wrexham, Ellesmere Port and North Wales area delivering a truly exceptional legal service within local communities.
Our friendly team will immediately put you at your ease and will explain everything in a clear straight-forward way, keeping you informed at all stages, to help minimise your stress and concern.
We offer a first, free consultation over the phone or in-person with no-obligation, with our Divorce Solicitors in Wrexham, Rhyl, Colwyn Bay, Shotton (Deeside) and in Cheshire (Ellesmere Port).
You can contact us today, safe in the knowledge that one of our dedicated Divorce Solicitors will handle your case with care and attention to detail.
We regularly act for clients getting a divorce across North Wales, Cheshire, Merseyside, and Liverpool. As recognised divorce law experts we can support your needs wherever you live in Wales, England & Northern Ireland.
We will respond to any query within one hour of normal office hours, or the next working day if you contact us during the evening or at the weekend.
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