Divorce

We have decades of experience in divorce law, and can use it to advise you on the best way forward.

It is our responsibility to:

• explain the divorce process to you;
• start the divorce action for you; and
• once it is under way, keep you informed of any developments.

We will also give you regular updates on the progress of the case, and details of the costs involved. If you are at risk from domestic abuse at any stage, we will make it a priority to discuss all possible ways of keeping you and your children safe.

To get a thorough understanding of your circumstances, we will ask you for a variety of details and documents. These could include:

• the reasons you want a divorce;
• if you are living apart from your husband or wife and when you separated;
• the names and ages of any children who are part of the family;
• the children's current and future living arrangements;
• the current contact arrangements between parents and children;
• a list of your assets, savings, income and pension arrangements, and those of your husband or wife;
• details of any ongoing problems such as substance abuse, debts and so on;
• details of any domestic abuse;
• your marriage certificate; and
• any other relevant documents, names and dates.

These details and documents will help your divorce solicitor to advise you about what grounds there might be for a divorce and what other options might be available to you. They will also help us to estimate, based on our extensive experience, what the timescales, costs and results of your case might be.

You will only be granted a divorce if you can demonstrate to the Court that your marriage has suffered an 'irretrievable breakdown'. To do this you must show that your marriage is beyond repair because:

• your husband or wife has committed adultery;
• your husband or wife's behaviour is such that you cannot reasonably be expected to live with them;
• your husband or wife left you at least two years ago without good reason and refuses to return;
• you have been separated from your husband or wife for two years and they agree to the divorce; or
• you have been separated from your husband or wife for five years or more.

Your divorce solicitor will be able to give you more details of each of these sets of circumstances. If a divorce decree is against your religion, we can give you advice about other forms of separation. If you will need a religious as well as a legal divorce, we can advise you how to use civil action to help you get a religious divorce.

The legal formality of getting a divorce is relatively straightforward. What is generally much less straightforward is sorting out the practical issues associated with a divorce, such as where each person will live, who gets what, and arrangements for any children. Before agreeing matters with your husband or wife, talk to your divorce solicitor about your rights and the options available to you.

The person applying for the divorce is known as 'the petitioner', and the person they are divorcing is 'the respondent'. If you are applying for the divorce, Hazelwoods will usually start the process by writing a letter to your husband or wife to tell them that you are planning to start divorce action. It is also usual to let them have details of the evidence you are going to ask the Court to consider in the divorce papers. This initial letter will also recommend that your husband or wife gets independent legal advice if they have not done so already.

Your divorce solicitor will draw up the divorce petition and send it to the court. The petition sets out, among other things, whether you will be asking your husband or wife to pay for the costs of the divorce or to provide some other sort of financial support for you or your children. The court will send a copy of the petition to your husband or wife for their solicitor to reply to within seven days. Once your husband or wife, or their solicitor, has replied to the petition, you will need to confirm your intention to go ahead with the divorce application by making a sworn statement or 'affidavit'. Your affidavit is then lodged with the court. If your husband or wife does not reply to the petition or cannot be found, we will explain the procedure for overcoming this.

If you have children under the age of 16 (or between 16 and 18 in full-time education), you will need to fill in a form called a 'statement of arrangements for children'. This asks for details about your children such as: who they will live with; where they are educated; and what your plans for them are, including any arrangements for visits by, or contact with, the other parent.

When the court comes to consider the divorce papers, they will take this information into account to make sure that the children are properly provided for.

Once the court is satisfied that you should have a divorce, it sets a date and time for the judge to pronounce the 'decree nisi'. You do not need to go to court for this. It is simply a statement from the court that the divorce can go ahead and the divorce papers are approved. You are not actually divorced at this stage. If at this point you and your husband or wife have not agreed who should pay the legal costs of the divorce, the judge pronouncing the decree nisi will make the decision for you.

Six weeks after the decree nisi, the person applying for the divorce can have the divorce made 'absolute'. This legally dissolves the marriage. However, you are usually better to wait until financial matters ('ancillary relief') have been settled before finalising your divorce in this way.

When couples divorce, issues about children, property and financial matters are typically resolved using these methods:

• Negotiation
• Mediation
• Collaborative Family Law
• Court claim

If you remarry before finalising your financial settlement with your former husband/wife you are barred from making any financial claims against him or her in the future - so we recommend that you talk to us as soon as you have decided to consider divorce.

Disagreements generally relate to:

• money;
• property; or
• contact with children.

Divorce solicitors have a professional duty to settle these out of court if at all possible. It is usually in the interests of both you and your husband or wife to co-operate with this aim. Your solicitor will explain to you the alternatives to court action, such as mediation. Hazelwoods' in house mediators can explain the benefits of mediation and discuss whether your case is suitable.

It is particularly important for each party to give their solicitor full and accurate information about their financial circumstances. A common problem and source of disagreements is where the husband or wife fails to give details of all their assets. This slows everything down and, if the matter cannot be settled out of court, that person may have to pay court costs.

If you and your husband or wife cannot agree over the value of property or assets, your divorce solicitor may suggest using an expert witness to provide an independent valuation. In financial matters, this is often a single witness approved by both partners and the court.

Yes. If you and your husband or wife cannot solve a disagreement out of court, you can apply for the court to settle the matter. The court will do all it can to encourage you to negotiate an agreement between you, but failing this the judge will make a decision. Usually the judge will issue a 'court order' to make their decision official.

However you go about reaching an agreement with your husband or wife on the terms of a divorce, we can give you advice on the best way to record what you have agreed. If divorce action is already under way, we will usually advise you to opt for a Court Order which will set out the terms of the agreement clearly and in a way that is legally enforceable. Or, if you have not yet started an action for divorce, you should talk to us about making a 'separation agreement'.

In all matters relating to children, the children's welfare comes before anything else.

Your Hazelwoods divorce solicitor will generally:

• emphasise how co-operating with your husband or wife will benefit your children;
• warn against the dangers of encouraging children to take sides;
• encourage you to consider what you plan to tell your children about the separation;
• make you aware of alternatives to court proceedings, such as mediation;
• discourage court action as a way of settling disagreements, except as a 'last resort'; and
• treat all matters relating to children as confidential.

Whatever your circumstances, your Hazelwoods divorce solicitor has the knowledge and experience to represent your interests and those of your children.

Charges can vary between solicitors and will depend on the difficulty of the case, the nature of the issues between you and your partner, and the amount of time spent working to resolve your case. Before you decide who to appoint, check with a few divorce solicitors to find out how much they charge - ask their hourly rate as a guide. Price is not the only issue, however, particularly for a sensitive divorce case. It is equally  important to find a solicitor who is approachable and sympathetic, and whose advice you understand.

Hazelwoods only undertake self-funded work, and where appropriate we will be flexible about payment of costs. However, if you have a low income or receive State benefits, you may be able to get Government help towards your legal costs. See the Law Society's website at www.lawsociety.org.uk for a list of firms with a public funding contract (Legal Aid).