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.
F v F - Acted for a German husband in a complex financial remedy matter. He decided to instruct IMD Solicitors after he had lost trust in his previously instructed solicitors and feared that he would not achieve a favourable outcome from the proceedings. The relevant assets were spread across the globe with some located in the UK (including a multi-million pound business), Gibraltar, Spain, Dubai, and Poland. The overall value of assets exceeded £24 million. The husband had been cut off from the matrimonial assets and excluded from control of the business that had been established by his family. The case involved the instruction of numerous experts, for business valuations, Capital Gains Tax reports, and opinions on the enforcement of orders in foreign jurisdictions, and dealing with several applications, including applications for orders to freeze assets, prevent the disposition of assets, for the joinder of parties, and to litigate conduct issues. The final result exceeded the client’s expectations.
L v L - We were instructed by a mother in a complex international children matter. She was required by orders of the UK courts to return the child to the UK from Poland. She had travelled with the child to Poland but, following unsuccessful application to extend her stay there in August 2017, she decided not to return to the UK because the child disclosed sexual abuse by a member of the paternal family and the father. In September 2018, the Polish court dismissed the father’s Hague Convention application for the child's return on the basis of Article 13(b), a decision which the father appealed. In March 2019, the father applied to the UK High Court for an order for the child’s return pursuant to the procedure set out in Article 11(6) – (8) of the Brussels IIA Regulation. Despite the father's unsuccessful Hague Convention application in Poland, the UK court ordered the return of the child. Article 11 does not allow the court of the returning country much discretion. After all of this, the mother instructed IMD Solicitors to apply to discharge the orders of the UK Court for the return of the child. Even in the face of the fact that most applications to discharge such return orders fail, we succeeded. We are currently awaiting a decision in the UK courts on a further application for the transfer of jurisdiction to the Polish courts where the mother resides with the child.
G v P - We represent a Spanish mother in respect of an urgent application for a Child Arrangements Order and Specific Issue Order in the UK seeking the relocation of the child to Spain. This was after the return of the child to the UK under Hague Convection proceedings which this mother lost in Spain.
She was asking for an order for the relocation of the child back to Spain and an urgent interim Child Arrangements Order to allow her to see the child pending the final outcome of the UK proceedings. IMD successfully argued that, regardless of the return of the child to the UK under the Hague Convention, the mother should be allowed unsupervised overnight contact with the child. We were delighted to be able to secure her contact with the child for Christmas and she said that it was the best Christmas gift she could have wished for. The outcome of the application for the relocation is pending.
S v V - We currently represent the father in Child Arrangements Order proceedings issued by the mother in relation to variation of a UK order made in the face of numerous other international proceedings. He is an Italian National who has been living in France for the last 20 years and the mother is a Lithuanian national. The child is now 11 years old and proceedings concerning the child have been ongoing in various jurisdictions for the majority of the child`s life. Contested divorce proceedings including child arrangements took place in Monaco. The French Court and authorities were also involved, and various proceedings had been ongoing between parties since 2013 in France and Monaco.
The parties’ divorce was pronounced in Monaco. Thereafter, in December 2020, the mother submitted an application to relocate to England with the child, and the relocation took place in June 2021. Upon relocation, the she lodged a child arrangement order application, seeking to register a judgment made in Monaco and to vary the same in respect of the contact arrangements between the father and the child. The father seeks for the child’s return to Monaco.
Due to the parties’ mutual allegations and the associated international elements, various authorities and courts that have been involved in the case, the local authority has become involved with the family and a guardian has been instructed to represent the child in the UK proceedings. At present, these proceedings in England are ongoing and the outcome of the professional reports regarding the family are awaited.
P v P - We have acted for the Respondent Husband in relation to the financial remedy proceedings in the UK. The parties had various assets in the UK and Romania consisting mainly of the portfolio of properties but conduct issues were raised by the Wife due to a business of the Husband over which she had lost control and her allegations of dissipation of assets. The value of assets excluding the business were in a region of £3 million.
K v K - We act in financial remedy proceedings for a wife who is a Polish national. The matter's complexity mainly comes from a dispute between the parties around land in Poland. Its value was initially in dispute but was then assessed by a joint expert to be in the region of half a million pounds. The total assets in this case are estimated to be worth over £1 million. The land in Poland is a subject to contract with a third party and is being leased as a photovoltaic (solar) farm. The division of the land to achieve an equal share of the assets is complicated due to the contract in place and plans for the future use of the land. Currently the parties are awaiting a final hearing but efforts are being made to reach a settlement with the aid of alternative dispute resolution and in order to save the parties money and avoid further delays.
R v O - We acted pro bono and worked together with a law firm in Poland to ensure that the Costa Rican Mother regains access to her child. The Mother's only child was abducted from the UK in 2014. The Mother was successful with the abduction case and the UK family courts ordered the return of the child. The orders were recognised in Poland but unfortunately due to various issues with the Mother's immigration status and court's delays in Poland, the orders were never enforced. The Mother was facing removal from the UK and prospects of never seeing her child again. We have corresponded with various courts in Poland dealing with international abduction matters and we decided that an application for contact should be issued rather than any proceedings for further enforcement of the orders, as the Mother had not seen the child for around 7 years. At the same we secured the Mother's stay in the UK making successful outside of immigration rules application to extend her stay. We now receive regular photos from the Mother with her daughter, as face to face contact is taking place. We helped to secure an order of the Polish courts for the Mother to see the child regularly in person, whilst when she instructed us she was facing a prospect of never seeing her child again and being deported to Costa Rica.
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