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Biggleswade Divorce Solicitors

The thought of getting a divorce can be daunting, especially if you have heard horror stories from others who know someone who suffered through the proceedings. Such stories abound and often due to broken down relations, situations may be bitter but the process need not be difficult with the right professional legal advice from a divorce solicitor.

Be mindful that your divorce solicitor is there to guide you through the process as smoothly as possible. They will steer you clear of the legal pitfalls and offer sensitive independent advice.

It is likely that your divorce may raise some sensitive and indeed personal issues, so choose a divorce solicitor who you feel comfortable with, one that you find approachable and more importantly one whose advice you understand. You don't need to appoint the first divorce solicitor that you speak with. Don't feel embarrassed by speaking with a couple of divorce solicitors before you the one you wish to represent you.
Solicitors charges vary between law firms and will depend on the difficulty of the case. Before you decide who to appoint, check with a few local solicitors to find out how much they charge. Price is not the only issue, however, particularly for a sensitive divorce case. It is more important to find a solicitor who is approachable and sympathetic, and whose advice you understand.

If you have a low income or receive State benefits, you may be able to get help towards your legal costs. Your solicitor will know if you qualify and will explain your options to you.
Initially your solicitor will explain the divorce process to you and begin the action on your behalf. The divorce solicitor will keep you informed of any developments and send you copies of significant letters and documents they receive relating to your divorce.

They will update you on as regular basis and ensure you are fully aware of the progress and of course details relating costs involved.
It is important that if you feel at risk from any form of domestic abuse, your divorce solicitor will make it an urgent priority to discuss all possible ways of keeping you and your children safe.
Your divorce solicitor will need a thorough understanding of your circumstances, and will ask you some personal questions, some of which may be very sensitive, you will also be asked for financial information and details will need to see relating documents.

The personal information your divorce solicitor will ask are as follows:
- Why you want a divorce;
- Any existing problems such as addictions, substance abuse, debts etc;
- If you are living apart from your spouse and when you separated;
- Names and ages of any children who are part of the family and current as well as future living arrangements;
- The agreed contact arrangements between parents and children;

- Financial information such as a list of your assets, savings, income and pension arrangements, including those of your spouse;
Although the above requests seem to be probing, such details and documents will certainly assist your divorce solicitor to decide what grounds there might be for a divorce and the options that might be available to you.

It is particularly important for you to provide your divorce solicitor with full and accurate information about your 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.
Such information will also help your divorce solicitor to assess the timescales and what the results of your case might be, including the all important issue of costs

If you and your spouse 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.

Divorce isn't automatically granted and you will need to demonstrate that your marriage has suffered an 'irretrievable breakdown'. This means that your marriage cannot be repaired, but how do you show it is beyond repair?

Your spouse committed adultery or their behaviour is such that it cannot reasonably be expected for you to live with them.
It may be that your spouse left you at least two years ago without good reason and has refused to return or they have agreed to a divorce; or you have been separated from your spouse for at least five years.
The above is just a quick guide, it is important that you seek proper legal advice. Your divorce solicitor will be able to give you more details of each of these sets of circumstances.

If your religion dictates that a divorce decree is not allowed, your solicitor will advice you on other forms of legal separation and can use civil action to help you get a religious divorce.
As much as it might sound complicated, the legal formality of getting a divorce is fairly straightforward. It is the immediate life after that is less straightforward, sorting out the domestic issues associated with a divorce, such as where each individual will reside and who gets what, including the formal arrangements for any children.

Do not agree with any arrangements with your spouse until you have taken advice from a divorce solicitor about your rights and heard the options available to you.
Unlike many other legal applications, divorce does not have so much jargon; when in court and in legal documents, the person applying for the divorce is known as 'the petitioner', and the person they are divorcing is 'the respondent'. There is also 'decree nisi' and 'decree absolute' which is explained later.

If it is you that is applying for the divorce, your divorce solicitor will start the process by writing to spouse to tell them that you are planning to start divorce action. The divorce solicitor's letter will recommend to your spouse that they too get independent legal advice if they have not done so already.

Following the letter, your divorce solicitor will then send the divorce petition to the court. The petition sets out whether you will be asking your spouse 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 spouse for their solicitor to reply within seven days.

Once your spouse 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 application is then lodged with the court. If your spouse does not reply or cannot be found, your solicitor will tell you the methods for overcoming this situation.

If children are involved under the age of 16 (or between 16 and 18 in full-time education), you will be required 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 are for them, including any arrangements for visits by, or contact with the other parent.

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

Decree nisi
When the court is satisfied with the grounds 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 just a statement from the court that the divorce can go ahead and the divorce papers are approved.

You are not strictly divorced at this stage. If at this point you and spouse have not agreed who should pay the legal costs of the divorce, the judge pronouncing the decree nisi will make the decision for you.

Decree absolute
Six weeks after the decree nisi, the person applying 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.

Some divorces go through without disagreement whilst others will have issues over money; property; or contact with children.

In such cases solicitors have a professional duty to settle these disagreements out of court where all possible. It is generally in the interests of both you and spouse to co-operate with this aim. Your solicitor will explain to you the alternatives to court action, such as mediation.

If you and your spouse 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 that 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, your solicitor can give you advice on the best way to record what you have agreed. If divorce action is already under way, they 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 action for divorce, you should consider making a 'separation agreement'.

Children's Welfare Comes First.
Be fully aware that the children's welfare comes before anything else. Your solicitor will emphasise how co-operating with your spouse will benefit your children. You will be warned against the dangers of encouraging children to take sides and encourage you to consider what you plan to tell your children about the separation; Your divorce solicitor will make you aware of alternatives to court proceedings, such as mediation and 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, a family law solicitor has the knowledge and experience to represent your interests and those of your children.