Advice Centre

At IMD Solicitors LLP we recognise that getting a divorce is an important decision in your life, which generally triggers concerns about the impact this may have on you, your children, your business and finances. It is very important to remember that the divorce only ends the relationship between two parties, and it does not resolve the financial matters or provide any arrangements for children. This is why we carefully assess your circumstances and provide individual, tailored advice, which allows you to consider your options and plan your future.

How IMD can help you

The application process for a divorce may seem very simple,  some might describe it as merely administrative, however at IMD Solicitors we take the time to make sure you understand the divorce process and it is important that , the information that is inserted into the divorce petition is correct and thus thoroughly prepared to avoid unnecessary delays to your case.

A divorce is not automatic. In England and Wales, the sole ground for a divorce is that the marriage has irretrievably  broken down. You must also prove  one of the five ‘facts’

• Adultery
• Behaviour
• Desertion
• Separated for 2 years and consent
• Separated for 5 years

Difficulties in applying for a divorce has recently been highlighted in the defended case of Owens v Owens. When the matter became before the Judge, it was found that the marriage had broken down but that that the 27 examples of behaviour cited by the  wife, Mrs Owens, were not sufficient to justify a divorce. Mrs Owens appealed against the decision to the Court of Appeal, which was then dismissed. She then appealed against the Court of Appeal’s decision to the Supreme Court and this appeal was dismissed. The result of which means that Mrs owns must remain married to Mr Owens for the present time.

Additionally, financial and children matters are dealt with separately and we would advise you consult with a Solicitor before entering into any formal agreements. The timing of the agreements is also crucial and failure to comply with this may result in future proceedings against you in court by your husband/wife for inheritance or pension claims.

It is therefore advisable to have legal advice during this difficult time, and we strongly advise you to opt for a Solicitor who treats your case as more than just an application, and who actively wants to understand you needs, and will be there for you every step of the way. At IMD Solicitors, our Family team is committed to providing a truly personal service that puts you first, and offers advice that is best suited to your current situation.

One of our core values at IMD Solicitors is that we care in everything that we do. We care about listening to you and make the process as smooth as possible for you.  We care about your children and their situation following the separation above all, we care about you.

If you are having marital problems and are unsure of your options, then IMD Solicitors are here to help.  Our team of compassionate and understanding Family law specialists can guide you every step of the way.  Call us today on 0333 358 3062 or email us at: info@imd.co.uk.

This is for general information purposes only and does not constitute legal or professional advice. Please note that the law may have changed since the date this post was published.