Divorce

At Burt Brill and Cardens, we appreciate that going through a divorce can be a painful and stressful experience. We strive to take the stress out of the legal procedure, by offering an efficient and friendly service, based on the ethos of good communication and transparency regarding costs.

Getting started

As a starting point, we have tried to set out some of the main considerations regarding divorce below;

The Law

A petition for divorce cannot be presented to the Court before the end of a period of one year from the date of the marriage.

Grounds for Divorce

There must have been an 'irretrievable' breakdown of the marriage, based on one of five facts, namely;
1 - The Respondent has committed adultery and the Petitioner finds it intolerable to live with the Respondent.
2 - The parties to the marriage have lived apart for a continuous period of two years and the Respondent consents to the dissolution.
3 - The parties to the marriage have lived apart for a continuous period of at least five years immediately preceding the presentation of the Petition.
4 - The Respondent has deserted the Petitioner for a continuous period of at least two years immediately preceding the presentation of the Petition.
5 - The Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the Respondent.

Finances

The settling of financial matters on divorce is known as 'ancillary relief'. The main legislation governing ancillary relief is the Matrimonial Causes Act 1973.

Under Section 25 of the Matrimonial Causes Act 1973, the courts have wide powers to redistribute property between spouses and rule on the provision of ongoing financial support. In deciding the best approach, the Court will take into account many factors, including;

The welfare of any minor child of the family.
The age of each party and the duration of the marriage.
The financial needs, obligations and future responsibilities of each party to the marriage.
The income and earning capacity, property and other financial resources of each party.
Contributions of either party to the welfare of the family.
Any physical or mental disability of either party to the marriage.
The standard of living enjoyed by the family before the breakdown of the marriage.
The conduct of each person, but only if it is so bad it would be unfair to ignore it.
Any serious disadvantage to either person which may be caused by ending the marriage.

What sort of Orders can the Court make?

Property Adjustment Order - this requires one party to transfer all/part of an interest in a property to the other party.
Lump Sum Order - this provides that one party must pay the other a fixed sum of money.
Periodic Payments Order - this provides that one spouse must pay the other a specified sum of money each month/week, or as appropriate.
Pension Sharing Order - this provides for a specified percentage of the 'cash equivalent transfer value' ('CETV') of a pension to be transferred to from one party to another.

Frequently Asked Questions (FAQs)

Divorce FAQ
Divorce & Finances FAQ
Judicial Separation FAQ

Contact Kevin Smyth or Marie Stock at Burt Brill and Cardens for caring and robust advice in relation to all aspects of your divorce.

T: East Grinstead 01342 306 283
T: Brighton: 01273 604 123