He's got to keep a roof over our heads hasn't he?

Non-residential parents have to pay maintenance for their children; hopefully the amount can be agreed though negotiation and if not then the CSA will decide. Each case is different. If for example the Mum and the children stay in the family home then she may relinquish her claims over any other assets such as pension and savings in return.

What am I entitled to in a no fault divorce?

The aim when sharing out matrimonial assets is to be fair. Both spouses have to make full disclosure about their assets and debts before any decisions can be made about distribution, trying to hide anything won't work. Factors which are important when sharing out the assets include the current and future needs of each spouse and any dependent children; the length of marriage and the age, earning capacity and contributions of each party.

Will we have to go to Court during our divorce?

No, getting a divorce should be an administrative excersise only and there are many options open to you that avoid going to Court.

What is a no fault divorce?

No fault divorce removes the need to prove one of the five facts of divorce (adultery, unreasonable behaviour, desertion of two years, separation of two years with consent to divorce and separation of five years without consent). Instead, only a statement of irretrievable breakdown will be needed. A couple can file for divorce once they have been married for at least 12 months. There is no need to apportion blame or fault, as was the case under the previous law when parties had not been separated for a period of over 2 years.

Will I need a solicitor for a no fault divorce?

The role of the divorce solicitor will change, but they will still have a role in: Assisting with the preparation of the divorce paperwork and lodging the same with the Court. Advising on how finances should be divided on divorce, including things like how the family home will be dealt with, how pensions and other savings and investments might be split and whether there is a requirement for maintenance payments. Preparing documents, for example, the consent order to create a legally binding financial agreement between the parties. Advising on entitlements and helping to negotiate. If no agreement can be reached, a solicitor will advise as to the merits of issuing court proceedings and will represent you within these proceedings. Implementing orders, whether by consent or decided by the court. Advising and supporting parents who are in dispute to reach arrangements about how they will care for their children. Preparing cases to be presented to the court and conducting the proceedings where disputes cannot be settled. This is not an exhaustive list but illustrates that the divorce itself may only be a small part of the legal process of relationship breakdown.

Is a no fault divorce 'cheaper’?

It makes sense that if your separation is less contentious, then the legal costs will be lower, but there are often financial arrangements to sort out as well as dissolving the legal marriage or civil partnership. With a no-blame culture in place, it is hoped that it will encourage more constructive discussions leading to better, and therefore less expensive, outcomes. However, there is no guarantee that this will necessarily be the case. A no fault divorce financial settlement is the same as any other divorce settlement, and may include maintenance and the division of assets etc.

Do both parties have to agree to a no fault divorce?

It is possible for one party to contest a no fault divorce in the same way that they could contest a traditional divorce. This occurs when the parties cannot agree on the terms of the divorce, i.e. a fair division of money and assets, maintenance, child custody etc. If this occurs, then the case will be put before a judge, unless the couple agree on ADR (alternative dispute resolution) such as mediation.

Sheffield Family Law Solicitors

Did you know that 42% of marriages end in divorce?

At Banner Jones, we know that every case is unique. We will cover all your options and recommend that the best solution for you.

Before you can proceed with a divorce, you must prove your marriage has irretrievably broken down by establishing one of the following five facts:

Adultery.
Unreasonable behaviour.
Desertion.
2 years separation - consent is required by your partner.
5 years separation - no approval is required.

For more information about grounds for divorce and whether you have a case, call Banner Jones Solicitors on 0330 017 6301

The three stages of divorce:

Stage One: Prepare a divorce petition

After discussing your situation, and if we feel it is feasible, we will prepare you a divorce petition. This document will be sent to Court to start your divorce proceedings. If you have any children, a statement of arrangements will also be sent to Court.

Your spouse will receive a copy of the divorce petition which needs be signed and sent to Court. To begin filing for divorce, you will require a marriage certificate and must pay a Court Fee of £550.00.

Stage Two: Requesting permission from the Court to divorce - applying for Decree Nisi.

At Banner Jones, we will update the Court on any changes since the start of divorce proceedings. All the information will be reviewed by a District Judge, who will decide if there's enough evidence for grounds of divorce. If the Court approves your case, we will receive a certificate called a Decree Nisi. This certificate states that the Court agrees your marriage has irretrievably broken down and permits you to end your marriage.

Stage 3: Making your divorce legally binding - applying for Decree Absolute.

The Decree Absolute is the final stage of the divorce procedure. This stage will officially end your marriage. You can only apply for Decree Absolute 43 days after the Decree Nisi date. Once the Decree Absolute is confirmed, both parties will be officially divorced and free to remarry.

Why do I need a solicitor for my divorce?

You can represent yourself when filing for divorce, but there are many reasons to get professional help. At Banner Jones, we know too well that family law is ever changing and keeping up to date with the correct information is challenging.

We've seen people try to represent themselves. If done unsuccessfully, this can end up costing more time and money and dragging out the divorce process even longer.

Going through a divorce is hard enough. Our compassionate team of family law specialists are here to make the divorce process as straightforward and as stress-free as possible. By choosing a family law specialist, you will get all the support plus advice on more complex legal issues.

Why choose Banner Jones for family law matters?

Our team of Sheffield based Family Law Solicitors will handle your case with the utmost care and support.
97% of our clients would recommend us to a friend.
Since 2013, we’ve been a leading 500 Legal Law Firm.

For more information on fixed fee divorce in the Sheffield Hallam 2 FM region, call our specialists on 0330 017 6301 today!