Divorce, Separation & Relationship breakdown

Specialist advice and support when you need it most

Divorce

The family solicitors at Mullenders understand that a divorce or the breakdown of a relationship, as well as bringing emotional upheaval, creates personal and financial difficulties that have to be resolved.

If you are considering getting a divorce, or you are currently going through a divorce, it is important you seek advice from a specialist divorce solicitor to advise you through the process.

There is only one 'ground' for divorce which is that the marriage has irretrievably broken down. Irretrievable breakdown must be demonstrated to the court by proving one of five facts:

  • Adultery - the Respondent has committed adultery and the Petitioner finds it intolerable to live with the Respondent (not available in Civil Partnership Dissolution); or
  • Unreasonable Behaviour - the Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the Respondent; or
  • Two Years' Separation with Consent - the parties have lived apart for two years immediately before the divorce petition is presented to the Court and the respondent consents to the divorce; or
  • Two Years' Desertion - the Respondent has deserted the Petitioner for a continuous period of at least two years prior to the petition being presented to the Court; or
  • Five Years Separation - the parties have lived separate and apart for a continuous period of at least five years before the petition is presented, the consent of the Respondent is not required.

 

The basic steps are:

  1. The Petitioner submits a divorce petition to the Court, with associated documentation;
  2. The Respondent files an Acknowledgement of Service;
  3. The Petitioner applies to the Court for Decree Nisi;
  4. Six weeks and one day after Decree Nisi, the Petitioner can apply for Decree Absolute.

 

There are various procedures which must be followed at each stage and our family team will advise you on the most appropriate way to proceed based on your particular circumstances and will guide you through the process, keeping you updated every step of the way. Our family solicitors are members of Resolution and follow their Code of Practice to ensure that the divorce process remains as cooperative as possible.

We are happy to tailor our service, depending on your requirements and under our fixed fee services.

Finances

We will help you achieve the best possible solution to the breakdown of your relationship, and through appropriate maintenance, pension and property arrangements, will ensure the interests of you and your family are protected.

The financial aspect of divorce is often the most stressful thing about divorce. Often financial settlements relating to divorce can be agreed between couples without undue animosity and with the assistance of mediation. However, if agreement is not possible our solicitors are experts in advising on all financial aspects of divorce and can advise you through the Court process.

Civil Partnership

Should you wish to end your civil partnership due to unreasonable behaviour (also known as a dissolution order) or be granted a separation order, you will need to get permission from a Court.

Our solicitors are able to advise you through the Court process and with the associated aspects of relationship breakdown.

jane wright
Jane Wright LLB (Hons)
Consultant Solicitor, Senior Mediator and Collaborative Lawyer
Jane specialises in Family Law and is an accredited specialist of Resolution and an accredited member of The Law Society Family Panel.