If your relationship has come to an end and you are seeking closure so that you are free to move on, a divorce is the only way to legally end your marriage. Many people believe that divorce means having to go to court, but in fact, it is unlikely that you’ll need to do so. At Kayani Legal Solicitors, our family law solicitors work to the Resolution Family Law Group protocol, which means they make every effort to minimise the emotional anguish that divorce can bring to all members of the family. Our family lawyers also support mediation and collaborative law processes, which are aimed at reducing conflict and keeping discussions non-confrontational.
What is divorce and how to handle divorce application?
The divorce procedure will end your marriage if your relationship is irretrievably broken down. A divorce application can only be lodged if the couple is legally married for at least one year.
If you or your partner won’t agree to get a divorce it’ll take more time and cost more money than if you both agree.
In the event of a contested divorce, it may take more time and cost more against the consented divorce that means both parties are happy for the divorce proceedings.
How long it takes to get divorced is frequently asked questions. It normally takes four (4) to six (6) months to get divorced in the circumstances both parties comply with the court correspondence in time. Hence, it should more time be considered where financial settlement, money, property or children custody is involved. Those aspects of divorce should be executed as well.
Many websites offer a cheap fee to proceed with the divorce application. A human touch can’t replace an online divorce application if you are not sure how to handle the application according to law. Besides you have to pay the divorce fee.
How much do I need to pay for divorce is another frequently asked questions?
The divorce application fee is £550. However, you may be exempted of paying this fee if your income is less than a particular threshold. The petitioner (Applicant) has to make a separate application for fee exemption.
What should I do if my partner makes me anxious, threatened or physically assaulting?
In that case, an applicant can contact Refuge or Women’s Aid on 0808 2000 247 at any time. The charity will help you dealing with the issue.
On the other hand, if you are a man and being affected by domestic violence adversely you can initiate contact with Men’s Advice Line on 0808 801 0327 between 9 am to 5 pm, Monday to Friday during the weekdays.
Consequently, if you are looking for divorce solicitors in London or family solicitor in Ilford you are always welcome to initiate contact with Kayani Legal, A Firm of Solicitors at 02084785797
There are critical issues before you lodge divorce proceedings such as:
How do I divide the money I share with my partner?
What happens to my matrimonial home after divorce?
Who will take custody of children whether child arrangement order of child custody order is possible?
What to do before divorce application
Before you apply for a divorce we suggest to agree with your ex-partner regarding the divorce grounds/reasons for divorce. There are five divorce grounds. Our expert divorce solicitors in London are more than happy to assist you.
If you’ve decided the fact you want to rely on is 2 years separation with consent, you’ll need to have permission from your ex-partner to divorce. If they don’t give permission, you can’t rely on this fact.
One of the grounds is 2 years separation with consent. Under this ground, both of you must be agreed for consented divorce. If you ex-partner disputes the consent then you may not be able to rely on this ground.
In the circumstances where your partner is NOT agreed with the divorce proceedings then the element of costs becomes pivotal. You must take legal advice from a divorce solicitor to this effect. Such applications are called defended divorce applications.
On the other hand, if you are relying on five (5) years separation ground i.e., a divorce application without the consent of your partner, you may not need to appear before a family court judge. Hence you must take legal advice.
To lodge divorce proceedings you must have to have an original marriage certificate and application form correctly filled up. If the details are inadvertently filled up wrong it may take normal than usual as the applications are being returned to the applicants to make amendments. If you have misplaced your marriage certificate it can be ordered from GOV. UK would cost you £11.
Spouse Visa and Divorce Application
If you are overseas national and entered the UK with leave to remain to be a dependant spouse of your British partner, you may have to face visa revocation repercussions in the circumstances. Your partner may inform the Home Office regarding the breakdown of your marriage. In result, your leave to remain to be a spouse of the British national may be revoked or you may be asked to leave the United Kingdom within sixty days.
Our family law and divorce solicitors are also expert in Immigration law. We may lodge your application to the Home Office based on human rights or Article 8 in the backdrop of your socio-economic life in the UK, particularly children. There are many factors taken into account to lodge applications to the Home Office pledging compassionate leave or visa outside the immigration rules.
Where to fill in the online divorce application and how to apply for a divorce online?
A divorce application can be lodged by you online on GOV.UK. Hence you may apply by post or online.
We are very competitive if you need assistance with the divorce application.
How to apply for a divorce by post?
You can download the divorce form from the official website. Please make sure you fill-up the details correctly. If the details and grounds relied upon are not correct then it may take longer than expected. If you don’t the address of your partner then you may give last known address.
You must have to make four copies of the application. You must send three copies to the Court and keep one with you.
If you’re putting adultery as your reason for getting a divorce and name the person, you’ll need to send 4 copies. A copy will be sent to the person so they can respond. Make 5 copies of the divorce form. Send 4 and keep 1. You can find out about putting adultery as your reason for getting divorced.
Shall I put adultery as my reason for a divorce and name the person. In those circumstances, you need to post four copies. One of the copies will be posted to the person named adulterer so they can respond to it.
The petitioner/applicant should post the forms to the nearest divorce centre. Nearest divorce centre can be found on GOV.UK
You must attach your marriage certificate. It can be original or certified copy. As indicated above you must have to pay the application fee. The centre initially peruses through the application and then post a copy to your partner to respond. Also, the divorce centre will inform you when it was sent to your partner.
You can apply for a divorce on GOV.UK. Please make sure you choose a correct form when lodging application to the Court.
Divorce fee – How much should I pay
The petitioner is normally expected to pay the divorce application fee.
If you’re applying for the divorce, you’ll need to pay a £550 fee when you send your divorce application to the divorce centre. If you can’t afford the fee, find out if you can get assistance to pay it. Contact one of our divorce solicitors to apply for the fee waiver.
Where you have already paid the fee and you think that your partner should have settled the divorce fee instead then you must tick a box on the divorce form requesting the court to consider your spouse to settle the fee instead. The court may agree or otherwise. If agrees then your partner must have to reconcile to settle your account by paying you the court fee back at the end of divorce proceedings.
The divorce petition should be filed where you normally based or reside. If you are an Indian national, got married in India but you live in London, you must lodge your divorce application in England.
What happens if I do not agree with my partner?
Mediation may help if either of you is not agreed with consented divorce. It will assist you to reach an agreement instead of costly court procedure.
What family law or divorce mediation.
If you are not able to reach an agreement regarding who should pay the costs or divorce fee then you must take advice from a solicitor.
A divorce solicitor will be able to assist you regarding the divorce grounds and would let you know what sort of evidence is needed thereon. If your communication has broken down with your partner then a solicitor acting on your behalf may resolve the issues with your partner’s solicitors.
Kayani Legal certainly represent clients in court. We act on your best interest and make sure that you attain the best possible outcome.
It is paramount that you are instructing a solicitor who specialises in divorce. You might need to look outside your local area. Kayani Legal is one of the best divorce solicitors in Ilford and best divorce lawyers in London.
You must also detail out what you would ask your solicitor before your meeting. Get a list ready in advance. Ask as many questions as you like.
You have to take your marriage certificate, passport, driving licence or other proof of residence along with you before your meeting. You may take bank statements and utility bills those should not be three months old.
You should ask your solicitor:
How long will the process of divorce take?
How much it will cost including divorce application fee?
How often you will be updated regarding the pending application?
What will happen and what is the procedure when you go to court?
To discover how our divorce solicitors can help you, and for answers to many of the most commonly asked questions on divorce, please visit us.
The Help You Need, from Experienced, Respected Family Law Solicitors
Whatever family or relationship difficulties you are facing, our Ilford, London based family law experts are readily available to assist with specialist advice across all aspects of family law. Our fees are reasonable and competitive and you’ll find them fully transparent, i.e. no hidden costs or surprises.
Whatever your legal needs are, we love to help and welcome you to our offices located in Ilford, London. We know what is at stake and we make our experts available whenever they are needed without an iota of doubt.