Divorce

The vast majority of divorce cases proceed as undefended cases, in what is known as the Special Procedure list. It is rare for a divorce petition, which has been issued by one spouse, to be contested by the other.

At Onions & Davies, as is the case with most family lawyers, we will warn against the cost and the stress of becoming involved in a contested divorce hearing. After all, if the point has been reached where one spouse has gone to the stage of filing a divorce petition, there are probably little prospects of saving the marriage.

Undefended divorces can proceed relatively swiftly and, in the absence of any unforeseen hitches, the decree absolute can usually be issued within approximately six months of your first consultation with us. Where property and financial matters are still outstanding, we may advise you to delay applying for the decree absolute, until those issues have been finalised.

It is the decree absolute which brings the marriage finally to an end.

As well as our costs, there are other charges associated with getting divorced. These include court fees, an affidavit fee and the fee for the certificate of decree absolute.

It is possible to contest a divorce petition but it can be very costly and it is highly unlikely that you would be successful.

Although it is understandable for the parties to an unhappy marriage to wish to avoid legal fees if at all possible, it is usually prudent for legal advice to be taken. We would especially advise this where there are assets, such as freehold properties and pensions involved and/or where one party will be the primary carer of the children.

At Onions & Davies, we have many years’ experience of advising in divorce cases, sometimes bringing about carefully negotiated amicable agreements and sometimes providing robust arguments in contested cases.

We will never act in a way to deliberately produce an acrimonious divorce and we will always strive to help you through this traumatic time in your life while making sure that your interests are protected.