Divorce

When a marriage breaks down, the individuals involved often feel sadness, anger and hurt.  Added confusion about children, the home and financial matters can make matters seem worse.

Divorce is the legal process of ending a marriage.  A couple can only start divorce proceedings if they have been married for more than one year.  As the law stands at present, there is only one ground for divorce. You must prove that your marriage has irretrievably broken down.  This means that you must be able to prove one of the following facts:

• Your spouse has committed adultery and you find it intolerable to live with them.
• Your spouse has behaved in such a way that you cannot reasonably be expected to live with them.
• Your spouse has deserted you for more than two years.
• You have already lived apart for more than two years and your spouse consents to the divorce.
• You have lived apart for a continuous period of more than five years.

The court will have to be satisfied that all arrangements for the children, such as housing, maintenance, residence and contact are acceptable before the final divorce paper, the Decree Absolute, can be granted. You are free to remarry upon Decree Absolute.  Financial matters can be resolved either before or after Decree Absolute.

How much will it cost?

A simple, straightforward divorce where both parties agree will keep costs lower.  However, if any complications and difficulties arise more time and work will be required, and the final bill will be higher.  During your first interview we will give you full details about our charges and the likely cost involved. In some cases Legal Aid may be available to those of a lower financial status. Tollers do not undertake Legal Aid work.

We advise everyone who is embarking on separation or divorce to consider making a new Will.  This will give you peace of mind about who would care for children in the event of your death, and who would inherit your property.  It should also be noted that divorce changes existing Wills.

After divorce, any gift to a former spouse in an existing Will is certain to fail. In the event of you remarrying, any existing Will is automatically revoked.

The Family Law Team has a huge amount of experience in dealing with both husbands and wives in respect of divorce proceedings.