We have one of the largest teams of specialist family lawyers in the South West. We are very proud of our reputation, being widely recognised as one of the region's leading experts in family law, with committed and dedicated lawyers and support staff.

Fixed Fee Divorce
The Procedure for Divorce
Family FAQs
Finances after separation (financial remedy)
Cohabitation
Children
Mediation
Collaborative law
The facts for divorce

Fixed-fee Divorce

Grounds for divorce
There is just one basis for divorce - irretrievable breakdown of marriage. However, you have to prove irretrievable breakdown with one of the five reasons listed below (these are called ‘facts’):

(A) Adultery; (B) Unreasonable behaviour; (C) Desertion (when one spouse abandons the other) for at least two years; (D) Separation of more than two years, where both parties consent to divorce; (E) Separation of more than five years 

What is the process?
When applying for a divorce, you send a petition to your local County Court, which sends a copy to your spouse, together with a form known as an ‘acknowledgment of service’. Your spouse completes and signs this form and sends it back to the court, indicating whether or not they intend to defend the divorce. You first receive a provisional decree nisi and six weeks and one day after that, you can apply for a decree absolute. Once you have this, you are divorced. It usually takes three to six months to be concluded. For a detailed explanation of the divorce process, click here.

How much will it cost?
Our fixed fee for a divorce is as follows:

	Petitioner (Fact A, D, E)	Petitioner Fact (B, C)	Respondent (all facts)
Fixed Fee	£275*	£375*	£225*
Total including court fees and VAT (for illustration purposes only)	£715**	£835**	£270**

*All fees are exclusive of disbursements (court fees, service fees, postage, etc) and VAT.  This list is not exhaustive.

** in this example, court fees are limited to include fees for filing the petition and decree absolute. VAT and court fees are accurate as at 1 September 2011 and are subject to change.  You may be eligible for court fee exemption. 

The different fees reflect the amount of work we would be required to undertake on your behalf.

What does the fee include?
All three of our fee structures include the following:

• A 30-minute, face-to-face meeting (or over the phone, if you prefer) to discuss the process and, if necessary, to begin the preparation of court documentation;
• Filing of the necessary documentation to commence and/or progress the divorce;
• Regular updates on the progress of your divorce.

Unlike some other fixed-fee services, Lyons Davidson offer you the opportunity to discuss matters face to face with a qualified professional.  This professional will then be responsible, with the assistance of our dedicated support staff, for the efficient conclusion of your case.

What is not included in the fee?
Our fixed-fee option does not include:

• Any disbursements (such as court fees, expert fees, service fees or any other charges such as VAT);
• Arrangement of personal service (if appropriate);
• Our attendance at a contested costs hearing;
• Dealing with any court request for medical evidence (in respect of the affidavit for the special procedure list). 

Any request for our assistance or advice in these matters will be charged at your case handler’s hourly rate.  The fixed fee relates solely to divorce and does not involve any advice or assistance about children matters or finances; any advice additional to the divorce process will be charged at the relevant case handler’s hourly rate.

When is the fixed fee available?
Our fixed fee is available to everyone living in England and Wales (whose spouses also live in England and Wales), whether they are the Petitioner or Respondent. 

When is the fixed fee not available?
Our fixed-fee structure is not available if either party lives outside the jurisdiction of England and Wales, or is not habitually resident there.  The fixed fee is also unavailable for ‘defended divorces’.

The Procedure for Divorce

The divorce application (petition)
The divorce application, also known as the ‘petition’, is prepared using a standard court form, relying on one of the five facts.  If your application is based on your spouse’s unreasonable behaviour, it is good practice to try and agree which aspects of their behaviour you have found unreasonable.  If your application is based on two years’ separation with consent, it is sensible to check that your spouse consents to divorce before you start the process. (It is also worth noting that your spouse will be able withdraw their consent in the future).

Decree nisi
If you are the party applying for a divorce, we will send the application to your local County Court on your behalf. The court will then process the application and send a copy to your spouse (who is called ‘the Respondent’), along with an acknowledgement of service form.  The court will also write to us to confirm the application has been sent to your spouse.  Your spouse then completes and signs the acknowledgment form, and sends it back to the court indicating whether or not they intend to defend the divorce.  Assuming your spouse does not intend to defend the divorce, we can then prepare a sworn affidavit on your behalf to apply for a provisional decree, called a ‘decree nisi’ or ‘conditional order’. 

Decree absolute
Six weeks and one day after the pronouncement of the decree nisi, you can apply for a ‘decree absolute’, also called a ‘final order’. Once this has been pronounced, you are divorced.

It usually takes between three and six months for an undefended divorce to be concluded. However, that timeframe only covers dissolution of the marriage or civil partnership. Disputes over finances or children may take longer.  It is not uncommon to delay the decree absolute (i.e. the final stage of the divorce) until financial matters have been finalised.

The cost of divorce
Our charges can be found here. The fees vary, depending on whether you are the Petitioner or Respondent. If you are the Petitioner, there are different fees, depending on the fact your petition uses.  Additional fees include court costs of £340 to issue the petition and £45 to obtain the decree absolute (you may be eligible for court fee remission).  There may also be additional unforeseen costs, such as having to personally serve the Respondent with a copy of the divorce petition, if they refuse to return the acknowledgment of service. You will be informed about these as and when appropriate.

Family FAQs

Divorce and separation can be a stressful for everyone involved, and when you begin the process, you will have many questions about what happens, the impact it will have on children, and the future of the family’s finances. To help you understand what happens when a couple splits, we have answered some of the questions we are often asked by our clients. Click on the links below to see questions that are frequently asked about different aspects of the divorce process:

Divorce     
Finances after separation
Cohabitation
Children
Mediation
Collaborative law

Divorce

How long does a divorce take?
After the petition asking for the divorce has been filed, it usually takes three to six months for an undefended divorce to be concluded. However, that timeframe only covers dissolution of the marriage or civil partnership. Disputes over finances or children may take longer.  It is not uncommon to delay the decree absolute (the final stage of the divorce) until financial matters have been finalised.

What do you mean by ‘undefended divorce’?
This is when both parties agree that they want to get divorced. Otherwise, it is called a defended divorce.

When can I get divorced?
You can begin divorce proceedings after you have been married for one year.  It is possible for parties to consider judicial separation before they have been married for a year - please contact us for more information about your options.

How does the divorce process work?
Click here to read about the divorce process.

What are the grounds for a divorce?
The only basis for divorce is irretrievable breakdown of marriage. However, you have to prove ‘irretrievable breakdown’ with one of the five reasons listed below (these are called ‘facts’):

• Adultery;
• Unreasonable behaviour; 
• A two-year separation, where both parties consent to divorce; 
• A five-year separation, where only one spouse consents to the divorce; 
• Desertion (when one spouse abandons the other) for at least two years. 

Can I cite my own adultery as a reason for divorce?
No. Your spouse would have to divorce you or you must use a different reason from the list above.

I am already separated. Can I use my spouse's adultery as a reason for divorce?
Yes, as long as you do not get back together and stay together for more than six months after you found out about the adultery.

I have been separated for two years. Am I automatically entitled to a divorce?
No. You need your spouse’s consent first. If you have filed the petition at court but your spouse does not agree to a divorce, then you need to get the petition dismissed and start again from the beginning. Therefore, you should check that your spouse consents to a divorce before you start the process.

I am still living with my spouse. Can I start divorce proceedings on the grounds of adultery, unreasonable behaviour, two-year separation or five-year separation?
Yes, as long as you are not living as man and wife (i.e. are not sharing a bedroom or domestic tasks) before the date that the petition is presented.

Will the court make any orders about my children?
When you start the divorce process, you must provide the court with a statement setting out the arrangements that you have made for your children. The court will not make these arrangements binding, but they do need to consider the children’s welfare. If they are satisfied that your plans are in line with the children’s welfare, they will approve your plans.

What costs are involved in a divorce?
The court charges £340 for filing the divorce petition and £45 when you apply for your decree absolute. You may be exempt from paying the fees – your solicitor will let you know if this is the case.  We charge for the work we undertake at an hourly rate and, again, your solicitor will give you details of this, along with a costs estimate. You may be eligible for public funding (legal aid) – see below for more information.

Am I eligible for public funding (legal aid)?
To get civil legal aid, you and your case will need to means- and merits-tested.  If you receive Income Support, income-based Jobseeker's Allowance, income-based Employment and Support Allowance or Guaranteed State Pension Credit, then you will automatically be eligible in terms of capital and income limits. However, the merits of your case will still need to be assessed. 

If you do not receive any of these benefits, you must be able to show that your capital and income do not exceed current financial limits. Once again, the merits of your case will also need to be assessed.  To get a rough idea of whether you are eligible, please click here.

If you are the parent of a child who may be taken into care by social services, you will be entitled to public funding regardless of your financial situation.

What’s the process for the dissolution of Civil Partnerships?
The process is fundamentally the same.  The same documents are filed into court.  It is, however, not possible to rely on a petition based on the Respondent’s adultery.

Finances after separation (financial remedy)

How does the financial court process work?
If you can both agree about the division of family finances, you can file a document with the court detailing the agreement you have reached (this is called a ‘consent order’).  The court will then think about the content of the agreement and either approve it or request more information.  Agreement is usually reached after you both undertake the voluntary disclosure process.  This is the exchange of financial information, so any agreement is only reached with a full picture.

If you can’t agree about finances, then you can ask the court to make decisions for you: this is called applying for a financial remedy.  You will both need to complete a financial statement, known as ‘Form E’, that provides full and frank disclosure of your financial position.  

There is the potential for three court hearings:

• The First Directions Appointment is an opportunity for both of you to define your issues;
• Financial Dispute Resolution is an opportunity for both of you to put your positions to the judge, and each other, and for the judge to make comments that might help reach a settlement.  If settlement can’t be reached, then you will proceed to:
• The Final Hearing, where you both give evidence on your positions and the judge makes a decision.

How long does the process take?
This depends largely on the complexities of the case and the cooperation of the parties.

My husband doesn’t pay child maintenance. Can I stop him having contact?
No. It is vitally important that matters involving your children and those involving finances are kept separate and distinct.

Cohabitation

My partner and I have lived together for over a year. Do we have a common-law marriage?
No. Despite what many people believe, there is no such thing as ‘common-law marriage’.  If you are living together as a couple, there are steps you can take to protect yourself and your partner. There are also ways to minimise the legal and financial problems that may arise if you decide to separate or if one of you dies – contact us for more information about what you can do. 

Our home is in my partner’s name. Do I automatically have a share in it because we have children?
No. You have no automatic rights to a share in your partner’s property but you may be allowed to stay in the house until the children grow up if your partner dies, or you separate. If you have made a financial contribution to the property, you may also be entitled to a share if your partner dies or you split up.

Children

What is Parental Responsibility?
Parental responsibility (PR) is defined in the Children Act 1989 as “all the rights, duties, powers, responsibilities and authority, which by law a parent of a child has in relation to the child and his property.”

Do I have PR?
All mothers automatically have PR, as do married fathers and fathers who are named as such on the child’s birth certificate after 1 December 2003. PR can also be acquired by agreement or an order of the court.

What does the court consider when deciding whether to make a residence or contact order?
When a court considers any questions relating to a child’s upbringing, it must pay attention to the welfare checklist set out in Section 1 of the Children Act 1989. Among the things the court must consider are:

• The wishes and feelings of the child (bearing in mind his or her age and understanding of the situation);
• His or her physical, emotional and educational needs;
• The likely effect of any change in the child’s circumstances;
• The child’s age, sex, background and any other characteristics that the court considers relevant;
• Any harm the child has suffered or is at risk of suffering;
• How capable each of the child’s parents (or any other relevant person) is of meeting his or her needs;
• The range of powers available to the court under the Children Act 1989 in the proceedings.

When a court is deciding on a child's upbringing, the child's welfare will always be paramount.

What is Cafcass?
Cafcass stands for the Children and Family Court Advisory and Support Service.  It is a public body that works independently of the courts, social services, education and health authorities, and other similar organisations. It is there to safeguard children’s welfare and to make sure that they are adequately represented. Cafcass also gives advice to family courts and provides information, advice and support to children and their families.

Mediation

What is mediation?
Mediation is a means of talking with your partner or spouse in the presence of an independent professional, who is there to assist you both. It is not marriage guidance or counselling.

How can mediation help in divorce?
If you attend mediation, the mediator assumes that your relationship has already broken down and that you both want to attempt to resolve any disputes you have about your children, finances and any other issues as amicably as possible. Mediation is seen as a way of avoiding the court process. It can avoid much stress, time and money.

Can you win or lose in mediation?
No. The point of mediation is that there are no winners or losers.  If mediation has been successful, you should be able to acknowledge that you have come to a sensible arrangement on the issues you hoped to resolve. 

Collaborative law

What is collaborative law?
The collaborative family law process is a relatively new phenomenon that is steadily increasing in popularity.  Like mediation, it also seeks to reach a fair and amicable solution.  Unlike mediation, however, you both appoint your own lawyers, who offer specialist advice and support.  The aim of collaborative law is to resolve matters without the need to go to court.  The process is very hands-on and involves a number of face-to-face meetings with both of you and your solicitors present.

How long does the collaborative family law process take?
Because it does not follow a timetable set by the court, the process tends to take as long as is necessary, and timescales are determined by both your needs and you ultimately retain control of the process yourselves.

To what area of family law can the process be applied?
The collaborative process is suitable for most family disputes, as long as you are both content to try and resolve matters amicably.  The collaborative process lends itself particularly well to financial disputes and pre- and postnuptial agreements.

The facts for divorce

Irretrievable breakdown of marriage must be proven with one of the five ‘facts’ or reasons listed below:

A - Adultery
The Petitioner must prove that the Respondent has committed adultery and that they find it intolerable to live with them any longer.  Adultery is defined as voluntary physical relations “between a man and a woman who are not married to each other but one of whom is a married person.”  It is possible, though generally not advised, to name a Co-Respondent.  

B - Unreasonable behaviour
The Petitioner needs to prove that the Respondent has acted in such a way that they find it intolerable to live with them any longer.  It is important that the examples of behaviour  - known as ‘particulars’ - are sufficient to convince a District Judge that they are adequate to cause the Petitioner to feel this way.  This is both a subjective and objective test and must be considered in light of what the Petitioner, as an individual, considers reasonable.  

C - Desertion (when one spouse abandons the other) for at least two years
The Petitioner must show that the Respondent deserted them for a continuous period of at least two years.  To prove desertion, the Respondent must have ended cohabitation with the intention of bringing it to a permanent end.  The relationship must have ended without the Petitioner’s consent and there must be no reasonable cause for the Respondent to terminate the cohabitation. The law relating to desertion can be particularly detailed and technical.  As a result, it is rarely used as a reason in divorces.

D - A two-year separation, where both parties consent to divorce
The parties must be able to show that they have been separated for a minimum continuous period of two years.  The Respondent must consent to the divorce but is able to withdraw that consent at any point up to the dissolution of the marriage.

E - A five-year separation, where only one spouse consents to the divorce  
The Petitioner must show that they and the Respondent have been separated for a minimum continuous period of five years.  The Respondent can object to the divorce, though the grounds for objection are limited.