Our divorce solicitors in Birmingham can help couples separate in a legal manner and with no complications. As a main rule, it is important to know that persons can file for divorce after being married for at least one year. We can provide legal support and guidance for persons interested in separation, mentioning that each spouse can be represented by a solicitor.
| Quick Facts | |
|---|---|
| We represent spouses in the case of a divorce | Our divorce solicitors in Birmingham can provide legal advice for each partner. |
|
Grounds for divorce |
– decision made by both spouses,living appart for at least 2 years, – adultery, – desertion, – unreasonable behaviour
|
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Necessary documents |
– identification documents, – certificate of marriage |
| When you can ask for divorce in UK | After at least 1 year of marriage |
| Can you get a divorce if you are involved in a same-sex marriage in UK? (YES/NO) |
Yes |
| Is legal separation recognized in UK? (YES/NO) |
Yes |
| Separation agreement provided |
Yes, if the couple doesn’t want to get a divorce. |
| Annulment of marriage (YES/NO) |
Yes |
| Implications of divorce through amicable procedure |
Our divorce solicitors in Birmingham will discuss the custody, distrubution of common assets, new domicile of children if it is the case. |
| Time frame for getting the divorce decision in UK | Around 6 months |
| What happens if the divorce case gets complicated? |
Spouses can go to the court of law, represented by our divorce solicitors in Birmingham. |
| Free case evaluation offered (YES/NO) |
Yes |
| Can the ex-wife remain with the same family name? |
If the ex-partner agrees |
| Application fee for divorce petition |
Around GBP 590 |
| Representation offered by our divorce solicitors in Birmingham in case of forced marriage (YES/NO) |
Yes |
| Legal jurisdiction | Birmingham falls under the jurisdiction of England and Wales. |
|
Residency requirements for Birmingham |
At least one spouse must reside in England or Wales for minimum a year. |
|
Filing for divorce |
It can be initiated through the family court in Birmingham or online, with the help of our attorneys. |
| No-fault divorce | As of April 6, 2022, a transformation occurred in divorce law with the introduction of no-fault divorce. This modification eliminates the necessity to establish fault of the other party when initiating divorce proceedings. |
| Divorce process |
It typically involves filing a petition, response, and decree nisi. |
| Waiting period |
Six weeks and one day following the decree nisi, the petitioner can apply for a decree absolute, which is pronounced one week after the application. |
| Mediation services (yes/no) |
Yes, available for resolving disputes and reaching agreements. The mediation is offered by our divorce solicitors in Birmingham. |
| Financial settlements |
Courts determine fair distribution of assets and financial support. If you are seeking legal representation, you are welcome to get in touch with our divorce solicitors in Birmingham. |
| Child custody and support |
It is decided by the court based on the best interests of the child. |
| Alimony or spousal support | It is determined case by case by the court, considering financial needs and capacity. |
| Annulment |
An annulment legally dissolves a marriage, rendering it as if it never occurred. |
| Annulment grounds |
Grounds for annulment encompass: non-consummation, voidable marriages (e.g., underage), lack of consent, and bigamy. |
| Time period for annulment process |
Generally, it takes 6-8 weeks. |
| Privacy in divorce proceedings |
Court proceedings are generally private, but details can be public. |
| Post-divorce modifications | Possible for child custody, support, and alimony arrangements, etc. Our divorce solicitors in Birmingham can help you with these modifications if required. |
Table of Contents
How do I file for divorce?
Separation starts when couples believe that divorce is the only option for them. First of all, our team of lawyers in Birmingham will offer the possibility of getting a divorce in an amicable manner, if child custody and assets distribution (properties, investments, trusts) are already established. This is a less time-consuming procedure, allowing partners to go on with their lives. However, if the divorce gets complicated, couples will have to go to the court of law and solve all the issues in front of the authorities, helped by one of our Birmingham lawyers. Here is what you need to know about the separation in the UK:
- First of all, couples will have to explain the reasons for the divorce (adultery, violence, separation, etc.).
- Next, partners will have to agree on child custody (if it is the case), and property distribution.
- Legal separation is accepted in UK if couples are not interested in a divorce.
- The annulment of marriage is applicable if one of the spouses didn’t agree in the first place.
- Couples can get a divorce only after a year of marriage.
One should note that a separation agreement is legal in UK and it is valid until one of the partners files for divorce. For more details about these aspects and the way you can file for divorce, please feel free to get in touch with our divorce solicitors in Birmingham. You can also be assisted by one of our property solicitors in Birmingham, in your case presented.
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Making a joint application
It is important to note that in the UK, both partners can file a joint divorce petition or file it separately. In the first case, if both agree on the separation and if there is no question of domestic abuse, this divorce can be confirmed once the spouses are involved in every step of the procedure. If one of the partners does not want to continue or does not follow the confirmation, then the other can continue with the divorce application on his/her own. You can learn more about this situation from our divorce lawyers in Birmingham. On the other hand, our conveyancing solicitors in Birmingham can provide assistance.
How to apply for a divorce on your own
Individuals who want to file for divorce may do so if:
- He/she doesn’t think the partner will cooperate with the court.
- One of the partners does not agree with the divorce.
Here, too, confirmation is required that you agree to each divorce stage. You can discover the infographic we have prepared:
You do not need to appear before the court under certain conditions
Our divorce lawyers in Birmingham recommend to clients to set up all the details and collaborate on custody, child maintenance, and division of property gained during the marriage. Thus, they can avoid unpleasant meetings in front of the court and can benefit from a much faster divorce process. Therefore, the divorce decision is made quickly if you take care of the custody and the common property. Discuss more with our divorce solicitors in Birmingham. They can represent your interests successfully.
What if you can’t afford the divorce?
As we mentioned above, there is a specific divorce fee, which you must pay on the date of application. But if you can’t afford it, because of insufficient income, you can apply online for help. Information about the source of income will also be requested so that you can correctly justify why you cannot bear this cost. You may also be eligible for legal aid from our divorce lawyers in Birmingham. Cases of domestic violence, forced marriage, or child abuse take precedence, and the people involved can be represented by one of our specialists. So feel free to discuss all of these issues with one of our divorce lawyers in Birmingham.
We recommend our team of property solicitors in Birmingham if you want to be legally represented in case of real estate disputes. Also, if you want to purchase a property and know from the very beginning that the transaction is safe, you can count on our support. Foreign investors who want to expand their portfolio in this sector can also be advised from a legal point of view by our lawyers. Contact us to learn more about our legal services.
What is a conditional order and decree nisi?
In the UK, a conditional order and decree are not official documents, by which the court mentions that there are no restrictions regarding a divorce. In other words, if there are no reasons why the divorce should not be decided, it will take place, according to the legislation in force. If you want more details about conditional order or decree nisi, you can confidently call our divorce lawyers in Birmingham. We are here to help you finalize this process with success.
How much does it cost to get a divorce?
Around GBP 590 is the cost of getting a divorce in UK, but other fees might apply at the time the documents are submitted. We remind that couples will have to present their reasons for separation and divorce, and proof that the relationship can no longer be saved. This is also known as the grounds for divorce:
- Adultery – one of the partners cheated.
- Violence – family abuse is a serious reason to file for divorce.
- Desertion – one of the partners left the family for at least 2 years.
- Partners lived separately for at least 2 or 5 years.
Filing for divorce if adultery is the reason
According to the Matrimonial Causes Act 1973 that suffered a series of modifications in recent years, adultery is a strong reason for couples to file for divorce, mentioning that proof must be provided. Unreasonable behavior can be cited if the ex-partner had an inappropriate relationship with a same-sex person. More than that, the partner filing for divorce will have to prove that he/she no longer lives with the spouse for at least 6 months. All the provisions of the law referring to divorce and separation can be explained by our team of divorce solicitors in Birmingham.
What is a legal separation?
A legal separation is also known as judicial separation that allows partners to avoid a divorce but get alienated. In many cases of separation, cultural reasons, or religious beliefs, stand at the base of this decision. More than that, separation is recommended to couples who have less than a year of marriage. In terms of costs, separation is cheaper than a divorce, with a fee of about GBP 365 being applied. You might want to get more details about separation from our team of divorce solicitors in Birmingham.
What is a marriage annulment?
A marriage can be annulled for many reasons, and among these, family violence, abuse, or forced marriage. Another reason to cancel a marriage refers to one of the partners who was already involved in a partnership or a marriage. We mention that a marriage annulment might take a couple of months until it is completed. Instead of dealing with complexities related to a divorce, you might want to talk to our specialists and look for answers. The amicable divorce procedure is a great solution for couples who want to separate in a fast and correct manner if all the aspects related to custody and asset distribution are settled. Here are some recent facts and figures provided by the Office for National Statistics about divorce and separation:
- 42% was the divorce rate in UK in 2021.
- More than 100,000 couples divorced in 2019, in UK.
- About 1,000 civil partnerships ended in 2019.
- There were 90,871 divorce cases registered in 2018, involving opposite-sex persons.
Ending a civil partnership in Birmingham
When you are in a civil partnership and want to end it, you need to consider some steps and procedures. Thus, one of the persons must decide on the first step, namely filing the request for separation, after which the necessary documents must be prepared and the application must be filled. Next, you have to verify how the other partner is notified of the respective decision, and here one of our divorce solicitors in Birmingham can help you.
Once you find out how the partner responds to your request (usually with the help of a lawyer), you will ask for a conditional order and then a final order that completes the dissolution process.
It is important to specify in this context that both partners can do a joint application, as long as they agree to the separation and end of the civil partnership. Thus, things are much simplified, and the separation process can be concluded in a shorter time. Regardless of the situation you are in, you can opt for the legal services offered by one of our specialists, so you can contact our lawyers in Birmingham when you are ready for this separation process.
FAQ about the divorce procedure
What is a sole application?
A sole application means that one of the partners files for divorce. The respondent is the partner who will be notified of your decision, with the help of a Birmingham solicitor.
What happens when one of the partners no longer agrees with the process after the joint application?
A joint application becomes a single application during the divorce process. And even if one of the partners refuses to sign the documents, this application cannot return to the joint. Thus, the divorce procedure can be complicated and prolonged.
What happens if I cannot present a marriage certificate?
Usually, the marriage certificate is needed at the time of the divorce application. But if you can no longer find this document, you can request a copy from the Registry Office in the city where the respective marriage took place.
Is a religious divorce legitimized?
Religious divorce occurs after religious marriage. However, the legal marriage can be dissolved in a court of law. You will need the services of our Birmingham law firm.
What can be grounds for divorce?
The divorce process can be filed for reasons such as adultery, unreasonable behavior, desertion, and irretrievably broken-down marriage. Such information must be found on the application form.
When can you file for divorce in UK?
According to the legislation, the divorce procedure can start at least one year after the marriage. The same is the case for same-sex marriage in UK, and one of our lawyers can offer you specialized legal support.
How long can the divorce process take?
Normally, the divorce procedure lasts around 6 months, but this term can be extended, considering the complexities that may arise along the way. In this case, we recommend that you discuss all aspects with one of our divorce solicitors in Birmingham.
What status can be obtained if the partners do not want to divorce?
If the partners do not agree with the divorce, they can initiate the separation procedure. This is recognized in the UK and can give the partners respite for reconciliation if necessary or the final decision to divorce.
Persons interested in the divorce procedure in UK are invited to contact our law firm in Birmingham for more details and complete legal advice.
