When contemplating divorce it is advisable to seek the legal advice of a solicitor early on so that you can make informed choices and decisions.
The process need not be expensive and seeking advice early can allow you to focus on the issues which need to be resolved. This can lead to a better outcome allowing you to move on sooner.
Paul Wild, our specialist family law solicitor, will give you guidance and advice on the legal procedure for divorce for undefended, defended and nullity petitions.
Divorce – Legal framework
There is only one ground for divorce and that is of irretrievable breakdown of marriage. When issuing a petition for divorce, it is necessary to establish irretrievable breakdown by reference to one of five facts, which are as follows:-
- The Respondent has committed adultery and the Petitioner finds it intolerable to live with the Respondent.
- The Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the Respondent.
- The Respondent has deserted the Petitioner for a continuous period of at least two years immediately preceding the presentation of the Petition.
- The Petitioner and the Respondent have lived apart for a continuous period of, at least, 2 years immediately preceding the presentation of the Petition and the Respondent consents to a Decree being granted.
- The Petitioner and the Respondent have lived apart for a continuous period of at least 5 years immediately preceding the presentation of the Petition.
In many cases there will be financial matters that may need to be resolved as part of a divorce. It is important to consider the full picture not only financial but also non-financial too.
We advise in relation to assets such as the family home or properties, all types of pensions through to businesses and issues with regard to Trusts. At Barrett & Co we work closely with colleagues and other professionals to ensure you are fully advised as to your personal circumstances.
We can deal with all aspects of family matters following separation or divorce. It may sometimes appear that the matter will be straight forward, but it could become more complicated. It is always important to consider all issues and these may relate to the divorce suit or civil partnership dissolution itself, the financial issues that may arise out of separation, divorce or dissolution as well as disputes involving any relevant children.
We advise on Deeds of Separation for couples who are not married, who may not wish to pursue divorce or a dissolution their civil partnership.
When family life becomes complicated, a family law solicitor can inform you of your rights and help you achieve the best possible outcome for you and your loved ones.
Getting the right legal advice can help guide you through the divorce process, even if it’s only an initial meeting with a solicitor or a one-off session with a mediator. Although there is a wealth of information you can access now online, there can also be conflicting viewpoints and misinformation. Financial relief, in particular, is also an area dominated by judicial discretion which makes it hard to predict what financial settlement is the most appropriate.
A solicitor can give you advice on your rights, responsibilities and entitlements and explain the legal jargon to you. Solicitors can help you with the divorce forms and associated paperwork; put into effect an agreement you have reached independently with your ex-partner; negotiate on your behalf directly with your ex-partner’s solicitor, and through the courts if necessary; give you independent legal advice, either if you’re negotiating a settlement through mediation or at the start of your process if you’re involved in a do-it-yourself divorce.
Download the 10 things you should know about Divorce PDF
When a marriage ends, spouses and their children often face a perfect storm of stressful events: new living arrangements, parenting schedules, and of course, decisions about property and money.
The emotions caused by these changes can make it difficult for spouses to understand the legal process of divorce, and may even impair their ability to make sound decisions. Getting through a divorce may be easier if you’re informed about the process before it begins. The following article provides a few tips to help guide you through this difficult time.
Thinking of Divorce?
The Child of Divorce
Get in Touch
Paul Wild offers a fixed fee initial meeting of one hour to discuss your personal circumstances, your options and your next steps, at a cost of £95.00 ( inc VAT) , followed by a free letter of advice.
Paul will meet you in our Reading Berkshire office. If you would like to meet with Paul please telephone the office so that an appointment can be arranged.
Paul is a Solicitor specialising in Family Law and is a member of Resolution (formerly The Solicitors Family Law Association) and has trained in and practises both Mediation and Collaborative Law and is a member of Reading Family Mediation (“RFM”) and also the Thames Valley Collaborative POD.
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Family Law Testimonials
"Barrett & Co have been our family solicitors for nearly 20 years and have always provided us with a first class professional service. Over the years we have worked with various members of the team and have found them all to be excellent. The team at Barrett & Co take the time to get to know their clients which then allows them to offer advice and guidance tailored to your situation. You can always be certain they are there to serve your best interests. A big thank you to Hilary, Justin and Martin, for all your support over the years, your help and guidance are very much appreciated."October 2015– Peter
"Excellent service from Nigel and Sandra: Calm voices of sanity and reason throughout. Thank you! Reception always helpful and cheerful too."June 2015– James and Dru
We contacted Barrett & Co to get advice on Wills and Power of Attorneys. Our primary contact was Juliette who was approachable and professional throughout the process. She gave advice based upon our particular circumstances and not just generic feedback. I would highly recommend Juliette and Barrett & Co.
We worked with Emma Docking to sell and buy properties recently. In spite of the hugely complicated process (our properties are somewhat unusual), we had consistent and clear communication from Emma and Berrett and co throughout. They were very responsive and kept us up to date. Would recommend!
Great experience having Barrett & Co do the conveyancing for our property purchase. Emma, Alan and Richard were responsive, helpful, patient and provided a great deal of knowledge throughout the entire process.
We used Barrett & Co re conveyancing for the purchase of our new home. Richard Ince and his team, Rebecca P and Emma D were brilliant from start to finish. They were patient and clear in their explanations throughout, and ensured that all our queries were addressed, large or small........ A professional and friendly service - Thank you!
We used Barrett & Co conveyancing services to buy our first house and they made the process really easy for us, and we completed within the period of time we were hoping for from the start. Piers and Emma were very nice and helpful, and we thoroughly recommend them.
Outstanding! I was seeking advice prior to an employment Tribunal. The advice was holistic, objective and delivered with pure integrity. The 1-hour consultation gave me the confidence to proceed and do it with pride. I went into the Tribunal alone and was against an employer who arrived in force- I was outnumbered 4:1- and won! Not only was the advice immaculate and precisely on point , the humble and "real" element to our interaction was warming and very supportive. Thank you!
As a client of Barrett and Co LLP for many years, I recently had the pleasure of liaising with a Barrett and Co legal executive, Ms Juliette Spanner, with whom I had not previously encountered face to face, or even by telephone. I have in recent years lost my wife, and this was the first time I was dealing with a legal matter that I would normally have discussed with my wife of many years. During our first conversation by phone, I quickly realised that I had no need to 'go it alone' as Juliette immediately grasped my requirements and personal circumstances, and imbued me with complete confidence in the eventual outcome. From the outset, her subsequent written communication with me was of the highest order, timely and responsive to any queries I brought up, whilst her personal standard of verbal communication by telephone in the present Covid circumstances was exemplary. I was, as I have come to expect over the years in my dealings with Barrett and Co, totally satisfied with every aspect of my business dealings with Juliette. I have every confidence that the level of interest, professional standards and patience she demonstrated will continue to enhance the reputation of Barrett and Co. in her dealings with future clients. I unreservedly recommend both the firm and Juliette as a very reassuring and professionally competent duo. I commend them both, and wish them well in the uncertain times in which we live.
Justin Sadler did an outstanding job, providing excellent support and advice. Very professional and willing to guide you. He always replied to my emails and phone calls immediately. An amazing solicitor - definitely recommend him!