Divorce & Separation

If you are contemplating divorce or separation, the Gateley Family Law team can assist you with any queries or concerns that you may have.

How do I start a divorce?
In order to get divorced you must have been married for at least 12 months and be able to show that your marriage has irretrievably broken down. The Courts in England and Wales must also be the appropriate place to deal with your divorce. As we are specialist divorce solicitors, we can advise you on whether the courts here will have jurisdiction

Grounds for divorce
There is only one ground for divorce, which is that your marriage has broken down irretrievably. However, there are five facts which can be used to satisfy the court that the ground for divorce have been met. These are:-

• Your spouse has committed adultery
  
• Your spouse has behaved unreasonably and you find it intolerable to go on living with your spouse
  
• You have been deserted by your spouse for at least two years
  
• You have been living apart for at least two years and the other spouse consents to the divorce
  
• You have been living apart for at least five years

If you wish to get divorced, you will need to issue a divorce petition on the basis of one of these five facts. As divorce solicitors, we can help you in deciding the appropriate fact and help you issue your divorce petition and progress the proceedings.

How long does a divorce take?
The process will usually take at least six months. Where there are financial matters to be resolved, it is often essential to ensure these are dealt with before the divorce is finalised, because of pension provision. As a result the divorce can often take longer, typically between six months and a year.

Financial settlements
We have considerable experience in resolving financial settlements between couples getting divorced or separating. We take a practical approach to addressing financial matters for our clients and will explore the most appropriate route for them, whether that is court proceedings or out of court options such as a round table meeting, mediation or collaborative law.

Our Family Law team provides advice to a wide range of clients and we frequently deal with cases involving business and partnership assets, as well as farming land, inherited assets, off-shore investments and trusts, as well as commercial and international property.

Judicial separation
If you have separated from your spouse but wish to explore options other than divorce, you can consider judicial separation as an alterative. A judicial separation can be obtained based on the same facts as those for a divorce, except that you do not have to show that the marriage has irretrievably broken down.

Judicial separation may be an attractive option for those who do not wish to dissolve their marriage for religious reasons, or for those who do not wish to have the finality of a divorce at this stage but want to reach a financial settlement with their spouse. We can provide you with guidance if this is an area you wish to consider in more detail.