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Divorce Solicitors

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The divorce solicitors at Richard Nelson LLP have years of experience handling divorce proceedings in a sensitive, professional manner. It is our priority to ensure that you have the legal support necessary to put this difficult time behind you.

 

How our Divorce Solicitors can help

Filing for divorce is often the last step after a separating couple have considered long and hard as to whether the marriage is over. It often follows a trial period of separation or marriage counselling.

In other cases, the decision to divorce does not have to be made jointly; the step can be taken when one party decides that the marriage has irretrievably broken down.

To commence a divorce, you have to satisfy some criteria:

Our divorce solicitors will talk you through your options if you satisfy the above criteria and want to go ahead with divorce proceedings.

 

Jurisdictional terms for divorce

Two legal terms are used when setting out the jurisdictional requirements for divorce:

Habitual residence

Habitual residence is determined from your circumstances and is directed to a person’s ‘fixed centre of interest’ rather than the length of residence. A person can only have one habitual residence at a time.

Domicile

There are three categories of domicile and a person may acquire, and lose, any of the three types:

Jurisdictional requirements

Given the above, the following jurisdictional requirements must be met to file for a divorce in England and Wales:

  1. Both parties to the divorce are habitually resident here
  2. Both parties to the divorce were last habitually resident here and one of them still resides here, or
  3. The respondent is habitually resident here; or
  4. The applicant is habitually resident if he or she resided here for at least a year immediately before the application was made, or
  5. The applicant is domiciled if he or she resided here for at least 6 months immediately before the application was made; or
  6. You are both domiciled here.

If none of the above apply and no court of another EU state has jurisdiction, either of the parties must be domiciled in England and Wales on the date when the proceedings are begun.

 

Grounds for divorce

There is only one ground on which a petition for divorce may be presented to the court by either party of the marriage and that is that the marriage has irretrievably broken down.

The person applying for the divorce is known as the Petitioner and the person who receives the divorce petition is the Respondent

Five facts (grounds) to prove that the marriage has broken down

Richard Nelson LLP’s divorce solicitors will help you understand whether or not you have legal grounds for divorce. There are five facts (grounds) that you can rely upon to prove to the court that the marriage has irretrievably broken down:

  1. Adultery – That the Respondent has committed adultery and the Petitioner finds it intolerable to live with the Respondent.
  2. Unreasonable behaviour – That the Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the Respondent.
  3. Desertion – That the Respondent has deserted the Petitioner for a continuous period of at least 2 years.
  4. 2 years’ separation & consent – That the parties to the marriage have lived apart for a continuous period of at least 2 years and the Respondent consents to the divorce.
  5. 5 years’ separation – The parties to the marriage have lived apart for a continuous period of at least 5 years.

These grounds are self-explanatory however they can be complicated if the parties reconciled after the occurrence of the facts.

 

Find a divorce lawyer near you

Our team of family and divorce solicitors includes lawyers based across the country. We’re happy to work with anyone in any location, though we appreciate that many people prefer a more local contact in this difficult time. To help you choose the solicitor that is most convenient for you, take a look below to see where our family solicitors are based.

Alberta Tevie, family lawyer, profile photo

Alberta Tevie
Consultant Solicitor
London

Andrew Scott
Consultant Solicitor
East Midlands

Hardeep Dhillon
Consultant Solicitor
London

kiran dhaliwal profile picture

Kiran Dhaliwal
Consultant Legal Executive
Birmingham

lauren greenhalgh profile picture

Lauren Greenhalgh
Consultant Solicitor
East Midlands

Martin Cruddas
Consultant Solicitor
 Stoke-On-Trent

Randal Buckley
Consultant Solicitor
London

Vanessa Gillbanks, consultant solicitor at Richard Nelson LLP

Vanessa Gillbanks
Consultant Legal Executive
Colchester

Get in touch

For more information about the services we can provide and about how we can help you and your business, contact us.

Martin Cruddas

Consultant Solicitor

Andrew Scott

Consultant Solicitor

lauren greenhalgh profile picture

Lauren Greenhalgh

Consultant Solicitor

Vanessa Gillbanks, consultant solicitor at Richard Nelson LLP

Vanessa Gillbanks

Consultant Legal Executive

kiran dhaliwal profile picture

Kiran Dhaliwal

Consultant Legal Executive

Hardeep Dhillon

Consultant solicitor

Alberta Tevie

Consultant Solicitor

Randal Buckley

Consultant Solicitor

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