Divorce & Separation
When a relationship breaks down Noble Solicitors understands it is a very distressing time for everyone involved. We can advise you on where you stand legally, how much it will cost, alternative payment plans, to ease the stress from you.
To obtain a divorce in this jurisdiction you have to establish that you have been married for One (1) year prior to presenting a divorce petition. The sole ground for divorce is that the marriage has broken down irretrievably - which can be shown by one of the following facts:
- The respondent had committed adultery and the petitioner finds it intolerable to live with the respondent.
- The respondent has behaved in such a way the petitioner cannot reasonably be expected to live with the respondent.
- The respondent has deserted the petitioner for at least 2 years.
- The parties have lived apart for 2 years and the respondent consents to divorce.
- The parties have lived apart for 5 years.
If the petition is uncontested the procedure can be straightforward under the “Special procedure”. The Petition is served upon the Respondent who returns an acknowledgment of service to the court confirming they have received the petition and do not intend to defend the divorce. A date for the Decree Nisi can then be applied for and after the decree has been pronounced it is possible to apply for the Decree Absolute 6 weeks and 1 day later. The length of time to get the Decree Absolute can vary depending on the complexity of the individual case which can be discussed at our meetings.
Divorce should not be considered in isolation and other issues such as the division of family assets and finances will have to be considered as well as concerns about the children.
The court will always put the welfare of the children first. Our solicitors will always advise you on the best options for you and your family. If you and your ex-partner cannot agree where the children should live or whom they should live with, then the Judge will decide. You should try and avoid this situation happening before starting proceedings. We would advise you try mediation first to help you come to a conclusion to your issues.
Family mediation is a process in which trained and impartial mediators assist those involved in family or relationship breakdown and in particular separating and divorcing couples to communicate better with one another and to reach informed decisions about some or all of the related issues. The issues may concern their relationship, the present and future arrangements for any children, finance and property and any other practical matters. It is now a requirement that save in certain exceptional circumstances, before any new court application involving the children or for a financial order arising from a relationship can be made, that the parties have attempted to resolve the issue through the mediation process.
Areas of Legal Expertise
- Emergency Applications
- Divorce & Separation
- Domestic Violence
- Financial Matters
- Contact & Residence
- Care Proceedings
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