Divorce

Divorce image for Gard & Co. Solicitors in Plymouth Divorce webpage

Divorce is stressful.  There is an enormous amount of emotion tied up in a marriage and if the bonds aren’t released carefully it can spring out in all sorts of directions.

Before yanking too hard at the strings talk to one of our experienced divorce solicitors.  We can help you manage the situation to achieve an outcome that works for you and your family in a way that keeps the emotional and financial cost to a minimum.

Free consultation with one of our divorce solicitors

At your free initial consultation one of our divorce solicitors will establish whether you have grounds for divorce or dissolution (see below).  If you wish we can begin the process that will lead from a Petition for Divorce through to the Decree Absolute.

How our divorce solicitors can help

The legal process for the dissolution of the marriage itself can be fairly straightforward, especially if you and your ex-partner agree that you both want a divorce and the reason you are getting divorced.  However, the separation may raise other issues in relation to finance, property and of course the children. These can be the most difficult to deal with after a breakup and without professional advice they can quickly lead to confrontation. We can help.

Our team has divorce specialists accredited by Resolution, an organisation believing in a constructive, non-confrontational approach to family law matters. Resolution members follow a Code of Practice that promotes negotiation and agreement.  It considers the needs of the whole family, in particular the best interests of children, following the separation of their parents.

Below are links to some related information that you may find helpful:

Divorce in later life

Financial settlements

Name changes

Grounds for Divorce or Dissolution

While it is not possible to start divorce proceedings within the first year of a marriage, there are a few measures that we can take on your behalf in the meantime:

1.       Nullity

A decree of nullity can be obtained to say that the marriage is void (treated as never having existed) or voidable (valid until the date of the decree of nullity). It is void if it is essentially defective, for example if one party is already married or was under the age of 16 at the date of the wedding. It will be voidable if one of the parties was married under duress or there has been no consummation of the marriage.

2.       Separation Agreement

We can assist you in preparing a separation agreement (please see our separate article for details).

3.       Protection from violence

Protection from violence, for example non molestation orders, can be obtained under Part IV Family Law Act 1996.

4.      Financial Settlement

When dividing matrimonial assets we consider the three principles of sharing, need and contribution. Normally we start at a 50/50 split and adjust depending on each family’s circumstances. When considering financial settlement, we would need some disclosure to ascertain what claims could be made with respect to property, pension and other joint assets and debts. We can assist you with negotiating these terms to reach a consent order or prepare an application for financial remedy.

5.       Children

We can help you deal with the issue of who your children will live with after a separation, contact for the non-resident spouse and maintenance payments for children.

6.      Spousal Maintenance Proceedings

During a marriage, we can apply to the Court on your behalf for maintenance to be paid to you by your spouse.

Divorce post April 2022

There is a new non-confrontational, ”no-fault” approach to divorce in England and Wales, where the only legal ground required to make a divorce application is that there has been an irretrievable breakdown of the marriage. This means you do not need to explain on what grounds the marriage has ended.

The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) changed the legal requirements and procedure for divorce. It came into force on 6 April 2020.

You can apply for a divorce after your first year of marriage. Once the criteria are met you can commence divorce proceedings. This is done by way of application to the Court.

You and your spouse can complete a joint application or a sole application.

Once your application has been filed with the Court, they will issue the application and give it a Court number. The Court will then serve the application on your spouse and provide them with information to acknowledge service.

There is a waiting period of 20 weeks from the date the application was issued at which point you can apply for a Conditional Order. You will then be able to apply for the final Order 6 weeks and 1 day after the conditional Order has been made.

There has also been a change in the terminology we use:

Terms under previous law Terms under new divorce law
Petitioner Applicant
Petition Application
Decree nisi Conditional order
Decree absolute Final order
Decree nullity Nullity of marriage order
Undefended case Standard case
Defended case Disputed case

Why instruct Gard & Co?

While the divorce process has been simplified, these matters are emotionally charged, and Gard & Co is here to assist you. Please contact our family team for your free 30-minute consultation. You can click here to find out why you might benefit from instructing our divorce solicitors.

If you are contemplating ending a marriage or are already dealing with a divorce or dissolution and would like further advice, in the first instance please contact  Claire, Lisa or Sean on Plymouth 01752 668246 to arrange a free initial consultation.  Alternatively you can send an email by clicking here.


If you are looking for a divorce solicitor in Plymouth choose the Plymouth divorce law firm, Gard & Co Solicitors.