Surrey Homes | SH23 | September 2016 | Education supplement inside

Clean Break
Even thinking the word ‘divorce’ is stressful for anyone with
children – actually seeking one can be overwhelming, so we
asked three experienced solicitors to break the process down
into the three separate aspects
“The idea of custody and
access, with winners and
loser, no longer applies”
THE DIVORCE ITSELF
Sarah Lambert, a family Solicitor and Collaborative
Lawyer at Bowles & Co, explains the formal process of
ending a marriage in legal terms
“A decision to commence divorce proceedings is
undoubtedly very difficult. There are a large number of factors
to consider, aside from the emotional ones. An experienced
family solicitor can help explain the process and highlight
various options and choices.
Many solicitors offer an initial consultation for a reduced
fixed fee. At an initial meeting you should look to discuss
the overall background to your situation, the financial
arrangements both in the short and longer term and any issues
that are of concern regarding the children.
The solicitor will endeavour to explain in broad terms the
financial implications and issues you will need to consider.
There may be certain issues which require immediate action.
They will also be able to advise you on whether or not
mediation or collaborative law – which would avoid going to
court - would be appropriate to deal with financial issues or
matters concerning the children.
If you decide to proceed with a divorce, you will have to
demonstrate to the Court that the marriage has irretrievably
broken down by relying on one of five facts: adultery,
unreasonable behaviour, a two year separation after which
both parties consent to a divorce, desertion by one party or a
five year separation.
Regardless of which fact you rely on the process for the
divorce is the same.
A divorce petition is prepared and your solicitor will be able
to guide you on the wording to be included. This often needs
to be sensitively handled, especially if you are relying on the
grounds of unreasonable behaviour.
The divorce papers are sent off to the Court and sent by
post to your spouse or their solicitor. They complete an
Acknowledgment of Service and a statement in support of
your petition verifying the information you provided, which is
then prepared for your signature.
All the papers are considered by a District Judge who
checks you have complied with all the statutory requirements
and if they are happy you have done so a date is set for the
pronouncement of a Decree Nisi.
This hearing is now more often than not, a formality.
Six weeks after pronouncement of the Decree Nisi you can
apply for the final Decree Absolute which completes the legal
formalities of bringing the marriage to an end.
However, very often such an application is not made within
that time scale to enable the parties to consider the financial
issues between them, because although it is not necessary for
financial issues to be agreed before the divorce is finalised it is
often sensible to wait until they are.”
Bowles & Co Solicitors, 18 Church Street, Epsom, Surrey
KT17 4QD. 01372 725241 SarahlL@bowlesco.co.uk
THE FINANCIAL SETTLEMENT
Helen Fisher, a family lawyer at Cripps, advises seeking
legal guidance to avoid lengthy and potentially costly
proceedings to reach a financial settlement on divorce
“Trying to reach a financial settlement with your exhusband
or wife can be a worrying time. It’s important to have
practical and legal support so that you can concentrate on
looking after yourself.
Firstly, don’t panic and don’t be afraid to ask for help.
However, be wary of asking friends to share their experiences
– it is a very individual area of the law and what worked for
them may not be right for you. Consult a solicitor as soon as
you are able – we have the training and experience to point
you on the correct path.
The objective is to reach an appropriate financial agreement
for your family, taking in all the specifics of your particular
situation. You’ll both need somewhere to live and one of
you may need to assist the other financially or pay child
maintenance. Some couples will be able to discuss this
between themselves, but often it is necessary to ask the court
to assist whilst negotiations take place between solicitors.
Involving the court means you are certain of an
outcome within a set period of time. You will both have
to provide information about what you own and
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