Divorce & Separation
We can take care of all aspects of divorce and separation.
Please note that in 2022, the law is changing and it will be possible to apply for a no fault divorce. Until that change comes in, you can still apply for a divorce but you will need to rely on the five facts to prove your marriage has irretrievably broke down as listed below.
If you consider your marriage has broken down irretrievably, you may decide that you want to end the marriage and issue divorce proceedings. A decree of divorce can be granted on any of the following grounds:
- Adultery by the other party
- Unreasonable behaviour of the other party
- Desertion (the other party left without good reason) for 2 years
- Separation for more than 2 years where both parties consent to the divorce
- Separation for 5 years or more
The process of divorce generally takes around 5 – 6 months. Usually there is no need to go to court for a divorce. Once the final order (Decree Absolute) is made, you will be free to re-marry if you so wish.
Many couples prefer to reach an agreement about matters arising out of their separation without involving the court at all, either by negotiations through solicitors or other forms of dispute resolution like collaborative law or mediation. The agreed terms can then be set out in a separation agreement signed by both parties which can deal with a whole range of matters including when and whether you will get divorced, the arrangements for the children and financial matters.
At Hartley & Worstenholme we are conscious of the costs involved in instructing a solicitor. We will consider with you whether it is financially worthwhile to take the course of action at any given stage. Legal Aid may be available.
If you would like to have an initial meeting to discuss your options, costs or if you would just like some straightforward advice you can book a £99 (including VAT at 20%) fixed fee meeting with no obligation to instruct us.
Tim works across all areas of the family department and he has a particular interest in cases involving children, both private and public disputes. Tim conducts his own advocacy whenever possible, including contested hearings and final hearings.
Tim deals with matters where there are disputes between parents or other significant people in children’s lives, as well as public law matters where social services are involved. Tim frequently represents parents in proceedings brought by the local authority including cases where children are being removed or are potentially being removed. Tim also assists client’s seeking to challenge local authority assessments and has acting in cases including applications to discharge care orders or seeking leave to oppose adoption. Tim also has experience in dealing with clients with additional needs.
Tim also frequently deals with cases concerning domestic abuse, including non-molestation orders and occupation orders.
Barbara is an experienced Family Lawyer who has been qualified since 1988. Barbara specialises in matrimonial law, is on the Advanced Family Law Panel, is a collaborative lawyer and member of the Solicitors Family Law Group Resolution.
Barbara deals with divorce and children arrangements as well as family finance, property and pension disputes/settlements arising out of divorce. Barbara also deals with co-habitation issues including separation. Barbara is a specialist in drawing up pre and post-nuptial and co-habitation agreements and is adept at dealing with high conflict situations. The firm can also deal with transfers and sales of matrimonial and jointly owned property.