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Family & Divorce Divorce
Divorce

Catteralls Solicitors Wakefield has a wealth of experience and expertise in all areas of divorce including separation, child matters, financial settlements, pension sharing, asset discovery/protection and property ownership. We are proud members of The Law Society’s Family Law Accreditation.

We offer a fixed fee initial consultation for the sum of £60 inclusive of VAT, where we will take the time to find out what your circumstances are so that we can give the best possible advice for your individual situation. We will provide you with an efficient service that minimises delay, resulting in a more cost-effective process for you. To book your appointment please email Rebecca Baker or call us 01924 291122.

Current divorce law provides for a husband and wife to divorce after the first year of marriage. In order for you to obtain a divorce, we will help you show the Court that your marriage has irretrievably broken down. You may rely on one of the five following facts:-

a) Adultery
b) Unreasonable Behaviour
c) Desertion (after two years)
d) Two years separation with consent
e) Five years separation

It follows that if you require a divorce as soon as possible, you will have to rely on adultery or unreasonable behaviour.

Provided the other party does not contest the divorce,  the timescale for you to obtain the decree absolute of divorce usually takes four to six months. If both parties are in agreement to the terms of the divorce, including the costs, there would be no reason for either of you to attend Court. There are some circumstances when it may be appropriate to avoid applying for a decree absolute, particularly if your spouse has a pension.

If you are considering divorce we will help you complete the paperwork. Initially you will need to produce your original marriage certificate or a certified copy available from your place of marriage for a small fee. There will be a court fee payable of £550 when your petition is issued, provided your case remains straight forward, we can offer a fixed fee of £600 plus VAT.  However, if your case is more complex, we will work with you to agree what is best for your circumstances based on our hourly rates.

WHAT IF I DON’T WANT TO DIVORCE?

If you don’t want to divorce, then a Judicial Separation may be more suitable for you. It is similar to a divorce in that you have to apply to a court but it does not end the marriage. This option also allows you to apply for financial support.

 

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