Divorce

Our Divorce Law specialists understand that coming to the difficult and emotional decision that your marriage or civil partnership has ended can be a difficult time.

If your marriage or civil partnership has broken down, you and your partner have several options available to you, one of which is relationship counselling. If it is clear the relationship has ended, then the next step is to consult a lawyer to discuss the issues that arise due to the relationship breakdown such as the finances and the arrangements for the children. Our specialist team of family lawyers are also available to advise and act quickly in circumstances where your divorce or separation has an international element.

Once the difficult decision has been made to end the marriage  or civil partnership, one party will decide to prepare a divorce or dissolution petition based upon the irretrievable breakdown of the marriage or civil partnership. At the moment, we do not have no-fault divorce in the UK which means that a reason for divorce or dissolution needs to be stated.  Whatever the reason for the breakdown of your marriage, there is no reason for the divorce proceedings to be difficult and our solicitors will do everything they can to ensure that your divorce progresses as constructively as possible.

How long does the divorce process take?
The divorce or dissolution process can take up to four to six months from first issuing the divorce petition to Decree Absolute (the final decree which ends the marriage). There is usually no need to attend court unless there is a disagreement about the reasons for the divorce or over the costs. For more details on the divorce procedure click here.

The divorce process can be prolonged if, for example, your spouse or civil partner delays acknowledging the divorce papers. The main reason for delays in bringing the marriage to an end is due to the parties trying to reach a resolution of the finances.

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Family Law Specialists

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Experience

  • Acting for an advising a client who had received significant gifts over the course of the marriage from the parents. The client was awarded in excess of 50% of the assets.
  • Acting for and advising a high net worth client who held business interests with their spouse. The value of the business became a point of contention during the course of financial remedy proceedings issued by the other party and it proved necessary to appoint a forensic accountant to report on the value of the company, liquidity and tax implications of a sale or transfer of shares from one party to the other.
  • Acting for and advising a high net worth client on a division of the matrimonial assets following a short marriage. The case settled out of court and we were able to successfully negotiate a settlement whereby the majority of the assets (including high value properties held by a business in which the client had a shareholding) were retained by our client.
  • Acting for and advising high net worth overseas clients on the successful negotiation of a matrimonial settlement, including property abroad and in the UK and business interests.
  • Acting for and advising a client concerning a dispute involving children whereby the unmarried ex-partner made a claim for capital, top up of child maintenance and payment of school fees under Schedule 1 Children Act 1989.
  • Acting for and advising clients in respect of Children Act applications, applications for non-molestation and occupation orders, and applications to vary old maintenance orders.

Herrington Carmichael LLP is ‘faultless in every area’ and impresses with its ‘strong and united team’, which routinely acts for high-net-worth individuals. Dividing her time between Wokingham and Camberley, department head Maria Mulroe delivers ‘extreme professionalism, patience and frankness’ in financial cases relating to business and overseas assets. Solicitor Danielle Bentley (‘a good lawyer with great potential’) joined the practice from CH-R Family Solicitors. Recent work for the ‘dedicated lawyers’ include Children Act matters, cross-border divorces and financial remedy proceedings.

Legal 500, 2017

Latest news & insights

To blame or not to blame…

The September 2017 issue of our newsletter included an article tackling the topic of ‘no-fault’ divorces following the Court of Appeal’s decision in the case Owens v Owens.

read more
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