Our firm is both authorised and regulated by the Solicitors Regulation Authority and the registration
number is 00070079
Matrimonial
Conway & Co., handles divorces and any other family related matter.
If you are looking at this page, you are most likely going through a stressful time
in your life. Selecting a solicitor who will give you the type of personal attention
that you need sometimes feels impossible. Conway & Co., provides straight-forward
advice and handles our clients' matters aggressively yet courteously to the other
parties involved.
We are also upfront about our competitive fees. Our practical service also includes
the ability to make credit card payments.
During the initial consultation, we can only provide the most basic details and
overview of your case. We can not give out detailed advice or exactly predict your
obligations pursuant to any divorce settlement. Subsequent to signing a client agreement
and depositing an agreed amount on account, we will start the divorce proceedings
on your instructions. It is impossible to categorise but generally divorces fall
into two categories:-
Where the husband and wife are in agreement regarding divorce issues such as child
custody and child support, the terms upon which their property will be divided,
they can usually obtain an inexpensive, amicable divorce often referred to as an
uncontested divorce. Where there are children present, your spouse should agree
on child custody and the exact amount of child support as determined by the Child
Support Agency. The terms of your divorce are set in a Consent Order which is sealed
by the court following approval by the judge.
Where the spouses can not agree on key decisions regarding the dissolution of their
marriage, such divorces are considered "contested." The usual problems and disagreements
come down to child custody, child support, and visitation, division of property,
maintenance, and grounds for divorce. While it is usually more desirable to amicably
agree upon the key items in any divorce, a party to the divorce may have unreasonable
expectations that will confound hopes of any understanding between the parties.
Generally speaking, a complicated contested divorce will be more costly than a simple
uncontested divorce.
At Conway & Co., Our experienced team can offer you a professional service in advising
and assisting you.
For a confidential meeting call us on 01491-411122 Or e-mail us on 004@conwayandco.co.uk
The first meeting with your solicitor
Give your solicitor a head start. Gather as much factual information as possible.
Remember, your communication with your solicitor is privileged and protected.
This is a long list but it would help if you do your best to gather the following
information:
Information about any prior marriage of either spouse, including a certified copy
of the divorce decree.
Information about any previous legal proceedings between the spouses or involving
any of the children.
Dates and particulars about any previous separations, attempts at reconciliation,
or marriage reconciliation.
Your marriage certificate
Names of your children dates of birth, details of schools attended
The name of your employer and your spouse's employer, including dates of employment.
National Insurance Numbers.
Copies of your income tax returns for the last three years.
Copies of your last three to six pay slips
Note your spouse's income and other household income.
Name of bank, building society accounts numbers, amounts and whose names are on
the accounts.
Shares, stocks, bonds and other investments you may have.
The value of a pension, whose name it is in and when they began to contribute to
the pension.
Note other valuable items such as jewellery, artwork and other collections.
Purchase date, purchase price, current value and mortgage details of the matrimonial
home and any other property jointly or separately owned with your spouse
List all debts, such as credit cards and HP agreements, including amount owed, to
whom, account numbers, when they were incurred, when due and whose name they are
in.
Remember – The more prepared with the information the more you are likely to save
in legal fees, but, try to be concise
Divorce Procedure
Obtaining a divorce nowdays is quite straightforward. The difficulties tend to arise
in resolving the practical issues such as
how the parties are to separate
where to live
arrangements for children;
and
financial matters
We have listed below a broad framework of the divorce process, which may assist
you in answering some of your questions.
Who can start divorce proceedings?
A Divorce Petition must be prepared and presented to the court. The Divorce Petition
must have a ground for divorce.
How do you commence divorce proceedings?
A Divorce Petition must be prepared and presented to the court. The Divorce Petition
must have a ground for divorce.
On what grounds can a Divorce Petition be started?
The only ground for divorce is that the marriage has "irretrievably broken down"
and if one of the following 5 facts laid down by law, proving irretrievable breakdown
is established:-
Your spouse has committed Adultery/li>
Your spouse has behaved in such a way that it would be unreasonable to expect you
to continue living together
Your spouse has deserted you for a continuous period of 2 years or more
Your spouse has been living separately for 2 years or more and your spouse agreed
to the divorce
Your spouse has been living separately for 5 years or more, whether or not your
spouse consents to the divorce
What does the Divorce Petition look like?
Every Divorce Petition follows the same form. It contains basic information about
names, addresses, ages of children and a statement that the marriage has irretrievably
broken down. It will also state the "fact" on which it is intended to rely upon
to prove that the marriage has irretrievably broken down.
What about the Children?
A form is sent to the Court together with the Divorce Petition outlining the arrangements
relating to the children. This form is known as the "Statement of Arrangements"
and the law encourages couples to try and agree the arrangements ie. where the children
will live, the school that they will attend.
Will the financial issues be dealt with before the Divorce is finalised?
This depends on the finances of each case. It is not necessary for financial discussions
to be completed by the time the divorce is final. Frequently they will still continue
after the divorce is finalised, especially if the finances are complicated. However,
it is possible to resolve immediate problems and make temporary maintenance arrangements.
Are the proceedings public?
Court proceedings are usually private. The public and press are not allowed access
to the Court papers. However, the press are able to publish the fact that the divorce
has been pronounced and the information that they may disclose is very limited.
Divorce Timetable
The Divorce Petition and Statement of Arrangements about the children (if any) are
sent to the Court together with the Marriage Certificate and the Court Fee unless
the Petitioner is advised under the Legal Aid scheme.
The spouse filing the divorce is called "the Petitioner"
The other spouse is called "the Respondent"
Within a few days of sending the Divorce Petition to the Court the court send a
copy of the petition and statement of arrangements to the Respondent. ( A copy of
the petition is also sent to anyone named in a Divorce Petition in the case of Adultery)
Within 8 days of receiving the Divorce Petition the Respondent should send to the
Court a form called "acknowledgement of service" which accompanies the Divorce Petition.
This form asks the Respondent whether it is intended to defend the Divorce Petition
whether any claim for costs is disputed and whether orders affecting the children
are sought.
Within 29 days of receiving the Divorce Petition the Respondent must, if he or she
intends to defend the petition file a Defence called "an Answer". If the Divorce
Petition becomes defended then the procedure outlined below does not apply.
Within a few days of receiving the acknowledgement of service from the Respondent
the court send to the Petitioner’s solicitor a copy of the form of acknowledgement
of service.
If the Respondent is not defending the Divorce Petition, the Petitioner can apply
for the Decree Nisi to be pronounced. The Petitioner’s solicitor prepares an affidavit
for the petitioner to swear confirming that the contents of the petition are true.
This is sent to the Court together with a request for a date for the Decree Nisi
to be pronounced.
If the Acknowledgement of service is not returned to the court it is possible to
arrange for someone to deliver the petition to the Respondent and any named co-Respondent
personally and exceptionally a court order may be obtained that proof does not need
to be given that the Respondent has received the Petition.
On receipt by the Court of the application for a date for pronouncement of the Decree
Nisi and Affidavit the District Judge looks through the papers and if they seem
in order gives a certificate for the Decree Nisi to be pronounced. Both the Petitioner
and the Respondent (through their solicitors) are then advised of the date fixed
for the Decree Nisi. Depending on the Court’s diary, the date is likely to be a
few weeks after the application is lodged. The couple do not have to attend court.
If agreement has been reached with regard to the children the District Judge is
unlikely to interfere. If agreement is not reached the District Judge may ask the
Petitioner and the Respondent to attend an informal appointment to explore a solution
to the difficulties. A Court Welfare Officer may be involved . If a solution is
not reached this will delay the application for the final decree of divorce. (This
does not apply where there are no children to the marriage).
If the arrangements in relation to children (if applicable) are settled then 6 weeks
and 1 day after the Decree Nisi the Petitioner may apply for a final decree – called
"Decree Absolute" by sending the appropriate form to the Court. This step is not
automatic.
3 months after the Petitioner could first have applied for Decree Absolute the Respondent
may apply for the Decree Absolute if the Petitioner has not done so already.
