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Divorce Law

Divorce Lawyers & Family Separation Specialists...

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Divorce Lawyers North Wales & Cheshire: Divorce Law & Separation Specialists

Law Society Accredited - Practice Management Standard

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.

Ending a marriage or separating from a common-law partner can be a stressful and emotionally charged time for all concerned even when the separation is largely amicable due to the importance surrounding issues connected to children, property, finances and pensions. 

We have Divorce Lawyers in North Wales in our offices and we also have Divorce lawyers in Cheshire working out of our Ellesmere Port office, ready to help and make sure you cope at such time in facing the decisions which must be made. Our team will help you in a friendly and professional manner, guaranteeing the very best legal advice when you need it most.  

Our lawyers will offer thorough reassurance and expert legal know-how to support and advise you while helping you resolve the individual circumstances of your separation. 

Trust us to help you.

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Brilliant service from start to finish, solicitor spot on. Could not have asked for better. Very efficient and professional. Nothing to improve on, your service is excellent. Very friendly staff, thank you.

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I am so grateful for all that you have done. I will be telling all my friends that you are the best solicitors. I will recommend you.

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Professional advice, honest, realistic, factual advice given - fully explained (everything). I cannot see how this high level of service could be improved.

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Service is exceptional. I have and will continue to recommend. Very friendly service, professional nature and more than helpful. Thank you, thank you for all your hard work and for helping me.

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The Divorce Process

Eligibility for a Divorce

You are able to obtain a divorce as long as you meet the following criteria:

  1. You have been married for over a year
  2. Your marriage has irrtrievably broken down
  3. Your marriage is legally recognised in the UK

File a Divorce Application

The first step in the divorce process is to file a divorce application.  This is the main document in the divorce process.  It is completed by the person who wants to initiate divorce proceedings, although under the new rules, the application can now be made jointly by both parties if you are both agreeable to the divorce.  This application is usually submitted online and is to confirm that your marriage has broken down irretrievably.
To file the application, you will need your original or certified copy of your marriage certificate. If you got married outside of the UK, you will need a translator to translate and certify your marriage certificate into English.

Acknowledgement of Service

The next step is for the court to send a copy of the divorce application 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 and ask the whether they intend to agree or dispute the divorce. If your spouse chooses to dispute the divorce, they will have to provide a genuine legal reason as to why they dispute the divorce. They can no long dispute the divorce because they do not want the divorce or to delay the divorce process.

Conditional Order

Unless there is a genuine legal reason to dispute the divorce at the previous stage, the next step is to apply for the conditional order (formerly known as the Decree Nisi).  This is where the judge reviews at your application for divorce. You must wait 20 weeks from the date of the divorce application being issued to apply for the conditional order.

Final Order

The final step is to apply for the Final Order (formerly known as the Decree Absolute).  This is what legally ends your marriage. You can apply for this six weeks and one day after the conditional order has been grant by the court.

Until the final order is granted, you and your spouse remain legally married. This  can have an effect if you or your spouse dies before the final order 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.

Division of Property on Divorce

There are two ways a property can be held by more than one person.

Joint Tenants

This is where a property is owned jointly in equal shares, so each owner owns 100% of the property. On the death of one of the owners, the property will automatically be left to the survivor whether or not you have separated or divorced. The survivor can then deal with the property in whatever way he/she chooses.

This means that if you have separated from your husband/wife or the divorce has not been yet been finalised (the Decree Absolute has not been granted) and you die, your share of the property will automatically go to your husband/wife.

Tenants in Common

This is where the property is owned in separate shares such as 50% each. On the death of one of the owners, their share does not automatically pass to the surviving owner and would pass in accordance with a will or if no will, their next of kin.

If you separate from your husband/wife, you can sever the joint tenancy to ensure that you each own 50% of the property. Following a separation or divorce, it is then important to make a will to leave your share of the property to who you wish to inherit from your Estate.

If you are separated from your husband or wife or the divorce has not been finalised (the Decree Absolute has not yet been granted), and did not have a valid will, your whole Estate would go to your husband or wife even if you had split up but were still legally married.

How we can help with your divorce

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:

  • Assets and finances
  • Business and divorce
  • High net worth individuals

Your questions answered

With the new Divorce rules that came into force on the 6th April 2022, It is now sufficient to simply show that your marriage has irretrievably broken down.

Prior to this overhaul of the divorce laws in England & Wales, it was necessary to prove that one of the following scenarios had occurred:

  • Adultery
  • Desertion
  • 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

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.

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.

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.

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.

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.

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.

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 £593

If we are acting on behalf of the person who received the Divorce proceedings (the Respondent)  we charge a fixed fee of £250 + VAT.

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.

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.

As a full-service firm of Solicitors in North Wales with Solicitors in Cheshire. Our Family Lawyers 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. 

Your key contact for Family Law

PSR Solicitors are recognised experts in the Family Law in North Wales & Cheshire.

Nia Edwards

Nia Edwards

Solicitor - Head of Private Client & Probate

I am Head of ‘Private Client’ at PSR Solicitors, based in our Shotton office. I undertake various types of legal services such as Wills and Probate, Estate Administration, Lasting Powers of Attorney, Landlord & Tenant as well as Divorce and family matters.

Nia Edwards

Solicitor - Head of Private Client & Probate

I joined PSR Solicitors in March 2020, to head up the Estate Planning & Private Client department.

Having graduated from the University of York in 2012 with a degree in Applied Social Sciences: Crime and Criminal Justice. I went on to complete the Graduate Diploma in Law and the Legal Practice Course at the University of Law in Christleton, Chester.

I then qualified as a solicitor, after completing my two-year training contract, at a firm in Chester and then worked at a firm in Liverpool before moving to PSR Solicitors.

I am now the Head of ‘Private Client’ at PSR Solicitors, based in our Shotton office. I undertake various types of legal services such as Wills and Probate, Estate Administration, Lasting Powers of Attorney, Landlord & Tenant as well as Divorce and family matters.

Outside of work, I enjoy going for walks with my dog, spending time with my family, and attending sporting events.

Shotton Office, Wrexham Office, Rhyl Office, Colwyn Bay Office, Ellesmere Port Office, Wallasey Office

Nia Edwards

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