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Divorce & Matrimonial

Before a Court of law can grant a divorce, it has to be shown that the marriage has broken down. This can be shown by proving one of the following facts:

  • That your spouse has committed adultery
  • That your spouse has behaved unreasonably
  • That your spouse has deserted you for 2 years
  • That you and your spouse have lived apart for 2 years and your spouse agrees to divorce you on this ground; or
  • That you and your spouse have lived apart for 5 years (no consent is required).

We would usually advise you to issue divorce proceedings, as opposed to waiting for a petition to be issued against you. There are often several reasons for this. These include that you will then be able to:

  • Provide your own specific reasons for the breakdown of the relationship (as opposed to being on the receiving end of some un-pleasantries)
  • Better control and dictate the pace of your divorce; and
  • Recover your legal costs of the divorce or at all events avoid paying your spouse’s divorce costs, bearing in mind that the normal order is for the recipient of a divorce petition to pay for all or part of the petitioner’s legal costs.

We would be happy to advise and assist you throughout the whole divorce process.

We can also assist with regard to the dissolution of civil partnerships.

It is usually advisable to resolve the issue of matrimonial finances alongside divorce proceedings. More particularly, we would normally recommend that you enter into a Consent Order (i.e. a financial agreement) so that there is no comeback in the future.

We are experienced in formalising agreements already reached, negotiating agreements or dealing with fully-litigated proceedings from start to finish, whether the assets are involved are modest or significant, located in this country or abroad, complex (such as business assets, pensions or the like) or straightforward and whether the proceedings are taken in a local court or in the High Court.

Our team has also previously dealt with more unusual applications, such as applications involving dealing with finances after a foreign divorce, overturning fraudulent agreements previously reached, assets being dissipated and so on.

At Forman Law we have set our fee structure in such a way that it is not only competitive, affordable and flexible but also does not compromise the provision of high standards of service. We are also prepared to work within set budgets and can arrange for costs to be paid by way of regular instalments. We will always provide a clear estimate of costs at the outset of the matter. Whilst we can also offer fixed fee arrangements in connection with undefended divorce proceedings, it would be unusual for us to depart from the estimate provided at the outset, even if there are some small complications. Please contact us atinfo@formanlaw.co.uk or telephone us on 0208 655 8482 if you would like to discuss further. Our Croydon / Purley office is located at Palmerston House, 814 Brighton Road, Purley, CR8 2BR

Separation

It is a common misconception that if you are not married and separate, finances are dealt with in the same or similar way as when married couples separate. This is not the case as there is no law specifically designed to help separating co-habitants. You have to rely on the law of contract and the law of trusts and consider factors such as express declarations, intentions, financial contributions, conduct and dealings and so on. We at Forman Law would be happy to assist in this regard. Contact us by email atinfo@formanlaw.co.uk or by telephone on 020 8655 8482.