Divorce

As a member of Resolution, our aim is to promote a sensitive, constructive and cost effective approach to divorce and the issues arising from that, in particular the care of any children.

If there are children, we will need to complete a form for the court which sets out the arrangements for their care including the time they are to spend with each parent. Where possible it is better if the parents can agree the arrangements before starting the divorce.

To obtain a divorce you will need to prove that the marriage has broken down irretrievably; this is usually because of adultery, a period of separation or unreasonable behaviour. We will advise you upon the appropriate grounds in your particular case, prepare the papers and act for you throughout the process.

It does not usually matter which spouse starts the divorce. The financial outcome is not usually affected. However, there are a few exceptions and if you believe the marriage is coming to an end, it is better to take advice at an early stage so that we can protect your interests as far as possible.

The marriage is dissolved when the Court makes a decree absolute. In most divorces, there are financial and property matters to be settled and so it is usually advisable to postpone decree absolute until these are sorted out either by agreement or by a court order. See “Financial settlements on divorce”.