Divorce and Separation

Our Family Department gives practical and sensible advice in relation to any divorce or separation. We will provide a cost estimate and a view on an overall solution tailored towards your needs, to help you plan ahead.

We understand that it will be a very upsetting and emotional time for you. Our clarity of thought, non-confrontational approach and attention to detail will help you through this difficult time.

You will probably have many questions, such as "how do I get a divorce?" "How long will it take to get divorced?" "How much will my divorce cost?" Well, all marriages are different, so to answer these questions it is vital that you discuss your individual circumstances with a specialist.

Divorce may not always be the best way forward for you and your family, so we will listen to you about your particular circumstances and advise on the best options available. However, should you feel that your marriage is beyond repair and that you do wish to proceed, the divorce procedure follows four steps:

1. Divorce Petition – the document filed at the court when starting proceedings, setting out the reasons why a divorce is sought
2. Acknowledgement of Service – the reply form returned by the other party
3. Decree Nisi – an order made by a judge confirming the person bringing the proceedings may have a divorce
4. Decree Absolute – the final decree ending the marriage ie. the actual document confirming the marriage is finally dissolved

In all divorce cases, it is necessary to prove that your marriage has broken down irretrievably. This is done by proving one of the following facts:

1. That the other party has committed adultery;
2. That the other party has behaved unreasonably;
3. That the other party has deserted you for two years or more;
4. You have separated for at least two years and the other party agrees to a divorce;
5. You have separated for more than five years.

For advice on divorce and separation, please contact our Cumbria-based matrimonial specialists, John Osborne and Kerry Ganley on 01539 723757. John and Kerry advise clients on family matters throughout Cumbria, Lancashire and North Yorkshire. If you’d prefer us to contact you at a convenient time for yourself, then please use our ‘Call Me Back‘ facility.