We offer a Petitioner fixed fee divorce package of £750 plus vat and court fee and a Respondent fixed fee divorce package of £450 plus vat to include:
Advice on the divorce court process
Drafting all relevant documents
Liaising with the court
Solicitor correspondence and telephone calls relating to the divorce only
This does not include advice relating to children or financial issues or contested divorce proceedings. The court fee is currently £550.
As resolution members, we strive to ensure that your divorce runs smoothly in an amicable and constructive way. Unless there is an urgent reason to file a petition, such as a jurisdictional issue, we advise that a copy of the anticipated proposed proceedings are sent to your spouse for consideration and review before they are issued. It is not advisable to engage in contested divorce proceedings as it is not generally in your interest to do so or a cost proportionate
to way to proceed.
A divorce must be issued on the ground that the marriage has irretrievably broken down and that is evident to the court by way of one of five facts which are:
(i) The respondent has committed adultery and the petitioner finds it intolerable to live with the respondent
(ii) That the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent
(iii) That the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition
(iv) That the parties of the marriage have lived apart for a continuous period of at least 2 years immediately preceding the presentation of the petition and the respondent consents to a degree being granted or
(v) That the parties of the marriage have lived apart for a continuous period of at least 5 years immediately preceding the presentation of the petition
No fault divorce
Last year the Divorce, Dissolution and Separation Bill received Royal Assent which will enable couples to apply for divorce or dissolution of their civil partnership without being forced to endure 2 years separation or the inevitable finger pointing that comes with an adultery or unreasonable behaviour petition.
This is a momentous step, enabling a couple to divorce without the hostility and hurt that comes with the current criteria one must set out in order to meet the test of irretrievable breakdown of the marriage. This will aid couples and their solicitors to pursue amicable settlements with a greater emphasis on the mutual decision to end the relationship and a greater ability to deal with matters cooperatively from start to finish. This will further help to prevent children becoming embroiled in bitter aggressive proceedings at what is a challenging time for any family. Instead, this non-confrontational approach will give couples the right footing to develop a positive parenting relationship post separation which will be beneficial to children’s future relationships with their parents and to their global development and childhood experiences. Safe to say we are delighted with this long awaited upgrade to our traditionally adversarial system.
There are a few new rules and requirements to grapple with, so the changes won’t take effect until late 2021, with some giving a more cautious estimate of early 2022. In any event we will soon see petitioners having only to file a simple “statement of irretrievable breakdown” which will be taken as conclusive evidence that the marriage has broken down irretrievably. It will even be possible to apply jointly which removes the need and indeed the possibility for the divorce to be contested. Not only is this a non-confrontational option but it removes the risk of costly divorce proceedings as a result of a contest to the basis of the petition itself. A new 20 week minimum period from the date of the application to the Conditional Order stage (what is currently called Decree Nisi stage) provides greater scope for parties to negotiate a mutually agreeable way forward, whether that is in respect of financial matters or arrangements for children, parties have space to breathe and practitioners a greater opportunity to support them to come to an amicable arrangement to the benefit of all involved.
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