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Divorce

Divorce


Specialist Areas

Click the links below to find out more…

Divorce Solicitors Covering Southampton and Portsmouth

The breakdown of a relationship is a difficult and emotional time.

You may be experiencing feelings of anger, sadness and anxiety about your future.

Our staff are experienced in Divorce and Family Law and will deal with your case efficiently and sympathetically.

In divorce it is important that you act promptly, taking advice from experienced lawyers to ensure that your interests and those of any children are properly taken care of.

There can be difficult decisions to be made during divorce and separation. Matters such as access to your children, the division of assets such as the family home and pensions, and the future of your business if you have one need to be discussed.

We can help you navigate the divorce process and ensure your best interests for now and your future is taken into consideration.

“We understand divorce is emotionally difficult; we are experienced in helping clients through this troubled time”

Samantha Lee and Kelly Applegate both hold membership to the Law Society’s Advanced Family Law Panel. To obtain this they have to show deep knowledge, competence and expertise in the areas of child arrangements, financial issues and domestic abuse.

You can be confident that we will help you through any complex issues that may arise during divorce.

More Information - Divorce Solicitors

How do I get a divorce?

You must be married for at least 1 year to start divorce proceedings.

What are the reasons for divorce?

There are many reasons why people separate and decide to end their marriage.

For the court’s purposes there is 1 ground to get a divorce in England – that you marriage has irretrievably broken down.

To start the divorce process there are 5 reasons you can use to show the breakdown of the marriage:

  • Adultery
  • Unreasonable behaviour
  • Desertion for more than 2 years
  • Separation for 2 years, with consent
  • Separation for 5 years, without consent

What is the divorce process?

  1. File a divorce petition (D8)

The divorce petition (D8) is a critical document in the divorce process. It is vital that this is completed correctly.

The D8 is completed by the petitioner. It is then filed with your regional divorce centre.

In this document, it must explain the reasons why the divorce is being sought. Also your intentions to deal with any child arrangements and finances should be explained.

There is a fee of £550 - but you may be exempt.

  1. Acknowledgement of service

The court then sends the divorce petition to the other spouse. Along with that is the Acknowledgement of Service (Aos) form. The respondent needs to complete and return within 7 days.

The Aos form confirms to the court that:

  • The respondent has received the divorce petition
  • They agree with the reasons
  • They agree with or wish to contest the divorce

NOTE: The court will not chase the Aos form.

The petitioner will need to instruct a court bailiff or process server to ensure they personally hand the divorce petition to the respondent. It is vital that this step is done if you wish to proceed with a divorce.

  1. Decree Nisi

Once the Aos form is received and the divorce agreed to by both parties, you apply for your first decree (Decree Nisi). This states that the court cannot find a reason why the divorce cannot go ahead.

Your Decree Nisi will be pronounced. The pronouncement date will be set.

Once you have this date, you wait for 6 weeks and 1 day to apply to the court for the final decree.

  1. Decree Absolute

The Decree Absolute legally ends your marriage or civil partnership.

This application usually takes 2 weeks.

How much does a divorce cost?

We understand that cost is a major concern when couples decide to end their marriage, so we offer package-priced options so you get the expertise of your own solicitor and you know the price you will pay.

What's the difference between you and an online Solicitor?

Quite often online divorces are not run by Solicitors and therefore subtleties can be missed which can have repercussions later on, especially in relation to financial matters. The advantage of instructing Swain & Co Solicitors is that your divorce will be handled by an experienced family lawyer with precision and expertise.

How much does divorce cost?

We understand that cost is a major concern when couples decide to end their marriage.

There is no one answer to the cost of a divorce.

Each divorce is as individual as you, therefore dealt with on a case by case basis.

Divorce costs depend on many factors such as:

  • If the divorce is contested or not
  • If there are any children arrangements to be made
  • If there are any financial settlements to be reached

We are pleased to offer you fixed fee divorce options so you get the expertise of your own solicitor and you know the price you will pay.

You can pay only for the advice you need and handle all your own paperwork (this is charged on an hourly basis)

OR

You could leave it all to us so you can carry on with your life outside of your divorce (fixed fee options).

Your Divorce Your Way

If you wish to start divorce proceedings, we have three payment options for you to consider.

Undefended Divorce – Petitioner – Fixed fee of £500 plus vat and Court fee of £550

Undefended Divorce – Respondent – Fixed fee of £175 plus vat

Your case your way, on an hourly basis, whereby you receive advice from us, but you are responsible for preparing all the paperwork

Contested Divorce – hourly basis

We will provide estimates and can agree monthly payment to help with budgeting.

If you have received divorce papers

We will advise you on receipt of divorce papers and help you complete the Acknowledgement of Service.

£175 + VAT

PLUS - We will provide initial information FREE.

We will pinpoint the matters that need attention and highlight any problems that need to be dealt with immediately or may arise later on. We will advise whether Legal Aid is available and if not discuss other payment options with you.  Telephone us on 023 92 483322 to discuss further.

We endeavour to make ourselves immediately available in emergency situations where violence is involved, or where other prompt action is required, for example to prevent money or property being disposed of.

Initial FREE Consultation

Your Divorce Your Way

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