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At Faradays, we have the experience, sensitivity and knowledge required to help you manage your divorce. Our family law team led by Andrew Symeou will ensure you and your children receive justice and support so you can move on to a positive future.
Wherever possible, our team will assist you and your spouse in working out the financial settlement and arrangements for your children between yourselves, without the involvement of the Family Court. Studies have shown that such agreements are more likely to stick and allow a couple to work more amicably together in the future, should circumstances surrounding the needs of children change (as they always do).
We hold your hand throughout the divorce process, advising and representing you, ensuring you are always kept informed of your matter’s progress.
Please contact us on 0207 281 1001 or at enquiries@faradayssolicitors.co.uk.
What are the grounds for divorce in England and Wales?
The only ground for divorce in England and Wales is that the marriage has irretrievably broken down due to one of the following reasons:
- Adultery
- Unreasonable behaviour
- Desertion
- Separation of two years (with the consent of your spouse)
- Separation of five yours (no consent required)
Most divorce petitions cite adultery or unreasonable behaviour. If you are relying on the latter, it is important to put clear examples in the divorce petition. We will assist you with this to ensure your divorce proceeds smoothly.
What is a divorce centre?
All divorce petitions (except those involving urgent applications) now go to one of 11 divorce centres located throughout England and Wales. If the divorce is uncontested, it will be managed by a legal advisor. All legal advisors are supervised by a district judge, who is also responsible for handling matters involving financial remedies.
How long does it take to get a divorce?
The length of time it takes to obtain a divorce depends on several factors. The more you and your spouse can agree between yourselves, the faster the process will proceed. Delays occur when a dispute develops (usually regarding finances and/or arrangements for children). Backlogs at divorce centres can also cause delays. You can expect your divorce to take between six and twelve months to finalise if it is uncontested and you both agree on details surrounding the financial settlement and arrangements for your children.
How much does a divorce cost?
Again, the ability of you and your spouse to reach an amicable agreement on how you will separate your lives greatly affects how much your divorce will cost. Our family lawyers are extremely mindful of this and will advise you carefully on whether or not a particular issue is worth disputing. If it is, we will make every effort to resolve the matter through alternative dispute resolution methods, such as round-table negotiation and/or mediation.
What is a MIAM?
MIAM stands for Mediation Information and Assessment Meeting. In most cases, if you want to take your dispute around the financial settlement or arrangements for children to court, it is a legal requirement to attend a MIAM. Your spouse must also attend a MIAM; however, they do not have to be in the same meeting as you.
The aim of a MIAM is to establish if you and your spouse can resolve your dispute through mediation. You will talk with a trained mediator who will explain the mediation process to you. If you decide you do not want to continue with mediation, the mediator will sign a form stating you have attended the MIAM and you can proceed to court. If everyone agrees to try mediation, a further appointment will be made for you and your spouse.
You will not be required to attend a MIAM if there are circumstances such as domestic abuse in your relationship or social services is involved with your family and there are concerns about the safety and wellbeing of your children. We will fully explain the process of a MIAM to you and ensure you do not have to attend if you meet one of the criteria for exemption.
Where will I live if I get divorced? Will I lose my home?
Financial concerns can keep people trapped in unhappy marriages for many years. Our family law solicitors will advise you on how your finances may be divided upon a divorce, all the time ensuring your best interests and those of your children are protected. If you believe your spouse is hiding assets, either in the UK or overseas, we will work with forensic accountants to uncover any hidden wealth. We can also apply to the court for a ‘freezing order’ to prevent your spouse from disposing of property and/or assets, so they do not form part of the financial settlement.
I am divorcing my abusive spouse and am scared for my safety. Can you help?
Domestic violence is disturbingly common in many relationships, regardless of income, culture or religion. We have years of experience in assisting people leave abusive relationships and have formed strong connections with local support agencies who we can refer you to. In addition, we can assist you with obtaining a Non-Molestation Order and an Occupation Order, so you can feel safe and ensure you and your children have a place to live.
I was married overseas; can I divorce in England?
You may get divorced in England and Wales regardless of where your marriage took place as long as certain criteria are met. This includes (but is not limited to):
- you and your spouse are habitually resident in England and Wales
- you and your spouse are domiciled in England and Wales
- your spouse is habitually resident in England and Wales
To obtain a divorce in England and Wales, your marriage must be recognised under English law. To meet these criteria, your marriage must be legal in the country in which it took place, and you and your spouse had the capacity to marry under the laws of that jurisdiction.
Issues regarding overseas marriages can be complicated, especially if there are issues related to the immigration status of one party should a divorce occur. We can provide the advice and representation you need to ensure your best interests are protected and your future is secure.
To talk to our family law team about divorce please phone our office on 0207 281 1001. You can also email us at enquiries@faradayssolicitors.co.uk. Your enquiry will be dealt with in complete confidence.