Disputes between couples, regardless of whether they are married, are an unfortunate but rapidly increasing feature in our lives. At Veitch Penny our experienced lawyers offer a caring, sensitive and sympathetic approach combined with expertise and the desire to solve problems through negotiation rather than conflict.
 
We offer Free Initial Advice to help put things in perspective and Public Funding is available to eligible parties.
 
We can advise on all aspects of separation including disputes between unmarried parties, divorce, cohabitation, children, domestic violence, injunctions, adoption, child-care, maintenance, and financial matters; as well as putting you in touch with other professional bodies such as counsellors and mediators if required.
 
If you would like further information please email family@veitchpenny.co.uk or telephone 01392 278381.

Filing for Divorce
There are five facts to prove irretrievable breakdown of marriage.
 
Adultery or Unreasonable Behaviour
Most divorces are based on adultery or unreasonable behaviour largely because they allow a petition to be filed immediately
 
Desertion
Desertion is difficult to prove unless the spouse admits to having left with no intention of ever returning.
 
Two year's separation with consent
Most couples looking for an amicable divorce often choose this option because no allegations are made.
 
Five years separation without consent
A couple must live apart for 5 years before they can petition for divorce without consent, although there are some cases where this may still not guarantee a divorce. It is possible (although rare) for the courts to refuse a divorce if it is felt that the opposing party will suffer financial hardship, or deprivation of benefits.

When can you start proceedings?
If you have been married for at least a year with one of you living in England or Wales during this time, regardless of where you got married, you can file for divorce.
 
 
Amicable Divorce/Separation
Although many people achieve amicable divorces each year, legal advice should be obtained in order to understand the implications, and issues involved.
 
 
Defending a Divorce
Defending a petition for divorce is no easy matter. Legal Aid is rarely available and a solicitor will only advise you to defend if there is an advantage to be gained from it.
 
 
Financial Implications of Divorce
Couples wishing to obtain a divorce need to address the question of finances as soon as possible. Whichever way the finances are to be dealt with, both parties are required to give full and frank disclosure of their financial position. Further information can be found in our Financial Implications of Divorce leaflet.

 
 
Frequently Asked Questions
 
Q - What happens about the children?
A - You are encouraged to agree arrangements with your partner, and a form ("a statement of arrangements") is filed at Court with the divorce petition outlining the proposed arrangements. If parties agree arrangements the court will not make an order.
 
Q - How much will it cost?
A - Solicitors charge on a time basis. When petitioning for divorce a solicitor is likely to charge for between 3-5 hours work if matters are straightforward. (This excludes dealing with disputes related to children or finances). A solicitor will tell you at the outset their charging rate and depending on your circumstances you may be eligible for public funding.
 
Q - Do I have to use a solicitor to file for divorce?
A - No but it is always advisable to seek legal assistance to ensure that you are aware of the full implications.
 
 
Further Advice
If you would like further advice about your current situation, please complete the relevant form and we will contact you within 2 working days to discuss further -
Divorce & Separation
At Veitch Penny we understand that a divorce or separation is never easy, and have produced an easy to follow online form which has been designed in order for us to understand your situation, and ensure that we can offer the right advice for you. The information you are supplying will remain confidential at all times.
Children Only
If you are involved in a dispute over children only, please complete the form for information and advice relevant to your situation.
Download Leaflets
Further advice can be found in the following leaflets, available to download as PDF files.
 
Splitting Up
(84k)
Download

A Step by Step Guide to Divorce
(56k)
Download

Financial Implications of Divorce
(56k)
Download

 
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