Divorce

Nothing is more crucial to the outcome of divorce than having a specialist, knowledgeable Solicitor protecting your interests.  Our family law team headed by Parminder Kaur Mattoo can assist you with all matters relating to divorce. 

Our divorce Solicitors understand how emotionally charged and stressful getting divorced can be.  With our wealth of experience and genuine concern for our clients, we have a strong track record of securing generous financial settlements as well as protecting wealth, depending on the client’s objective.

“MTG Solicitors is among the most effective, efficient, and successful group of solicitors.
Parminder Mattoo is clearly a talented lawyer of the highest calibre, but more than that, she always made me feel she genuinely cared about my case, as well as being understanding my wishes. she has managed to help me through an incredibly difficult time of my life, and I cannot recommend her highly enough.”

Our family lawyers are members of Resolution, a group of over 6,500 Solicitors who follow a strict Code of Practice and aim to resolve family law matters in a non-confrontational manner.  Whenever possible, we will engage in alternative disputes resolution methods such as round table negotiation and mediation.  However, some cases cannot be resolved by agreement: If Court action proves inevitable, we will initiate proceedings and robustly represent you in Court.

What are the grounds for getting divorced in England and Wales?

The only ground for divorce is that the marriage has irretrievably broken down due to one of the following reasons:

– adultery

– unreasonable behaviour

– desertion of two years or more

– separation of two years (consent from the other party is required)

– separation of five years (no consent required)

We will take the time to understand your situation and advise you on the best way to structure your divorce petition.  If relations between you and your spouse are tense and you cite unreasonable behaviour on your divorce petition, where possible, we will communicate with your spouse’s Solicitor and try to provide examples of unreasonable behaviour that do not risk further inflaming the situation.

Will I lose my home if I get a divorce?

You and your children will not necessarily have to leave your home upon divorce.  We understand how important it is for your children to have stability in terms of friends and school and that having to move home could further distress them.  It is possible to negotiate several solutions to allow you and your children to remain in the family home, including delaying the sale until your youngest child has completed their education.

Our divorce lawyers will outline the various options available to you and advise on which one will best protect your interests. 

Do I have to attend mediation?

As members of Resolution, our family law Solicitors focus on non-confrontational methods of dispute resolution such as negotiation and mediation.  However, such methods will not suit all cases, especially where there are allegations of abuse or hidden assets.  Some high-net-worth international divorce proceedings are also more likely to proceed to Court.

If you want to take your case to court, in most cases you will be required to attend a Mediation Information and Assessment Meeting (MIAM).  This meeting is led by a professional Mediator and is designed to explain to you and your spouse how mediation works.  If mediation is not deemed a suitable dispute resolution method for your divorce, the Mediator will sign a form stating that you have considered mediation.  This will allow you to proceed to Court.

There are several exemptions from having to attend a MIAM, including where there are allegations of domestic abuse.

What is the divorce process?

To get divorced in England and Wales, one spouse needs to file a Divorce Petition (Form D8), with a regional divorce centre.  The spouse who files the Petition is known as the Petitioner.  The Petition must set out the reasons for the divorce and you will need to pay a court fee upon filing.

Your spouse will receive a copy of your Divorce Petition along with an Acknowledgement of Service form which they will need to complete and return.  By completing the Acknowledgment of Service form, your spouse (who will be referred to as the Respondent) will confirm they:

– have received the Divorce Petition 

– do or do not agree with the reason listed for getting a divorce

– will either accept the divorce or contest it (the latter rarely occurs)

The next stage is applying for a Decree Nisi.  Essentially, this is the Court declaring it can see no reason for the divorce not to go ahead.  After six weeks and one day, you can apply for a Decree Absolute which officially ends your marriage.  A financial settlement will need to be worked out separately, as will arrangements for your children.

Our divorce lawyers will advise and represent you throughout the entire divorce process, ensuring you understand the procedure and protecting your best interests.

To speak with one of our divorce law Solicitors, please call us on 020 8754 5577 or complete the online form.