Divorce and Separation

Estranged Relationship

If you have decided to separate from your partner or to file for a divorce, we realise how stressful the breakdown of a relationship can be. Our specialist divorce lawyers can provide the advice and guidance you need regarding divorce and family law matters.

There will be several processes that need to be followed to obtain a divorce, and we can guide you through the entire process, with a sensitive but constructive approach that protects your best interests, representing you in the courts if need be.

Our expert divorce solicitors will also be able to advise you on any financial and children law matters, which need to be resolved on the breakdown of a marriage or civil partnership.  

Regardless of the complexity surrounding your divorce or separation, we are here to help. Call our experienced divorce lawyers on 0207 095 5700 or make an enquiry here.

Divorce Solicitors in Brixton

Wainwright & Cummins LLP are an established London law firm of divorce lawyers in Brixton, and have a Children Law Accreditation from The Law Society, a recognised quality standard for practitioners representing children in children law proceedings.  

Even if you feel the divorce will be straightforward and there are no complex mitigating factors, there are specific conditions and processes that will need to be followed. For this reason, it is always advisable to seek the advice of a qualified solicitor who specialises in family law and divorce before deciding on which would be the best action to take. We will guide you through the entire process and ensure you are fully aware of all costs involved and the available options to you.

We have a reputation for providing a compassionate but effective legal service and are dedicated to providing the highest level of service to our clients at all times.  

What are the grounds for Divorce?

In order to file for a divorce, there is a current requirement to demonstrate to the court that the marriage has irretrievably broken down. Under the existing rules, couples are required to prove one of the supporting ‘facts’:

  • That your spouse has committed adultery
  • That your spouse has acted in such a way that it is unreasonable for you to be expected to continue living with them
  • That your spouse has deserted you for two years
  • That you and your spouse have lived apart for two years and your spouse consents to the divorce
  • That you and your spouse have lived apart for five years, whether or not your spouse consents to the divorce

If you are in a civil partnership that you wish to get dissolved, then the same “facts” will apply except that you cannot rely on adultery.

No Fault Divorce to be introduced in autumn 2021

A new bill introducing “no-fault” divorces in England and Wales has been backed by MPs, who have voted in favour of the latest stage of the ‘Divorce, Dissolution and Separation Bill’.  

Once introduced, the updated legislation will allow a statement of irretrievable breakdown, and will mean that couples can remove fault from the divorce process. It will also allow for a new option in the divorce proceedings, in which couples can jointly apply for a divorce where the decision to separate is a mutual one. Terms such as “decree nisi” and “decree absolute” will be replaced with “conditional order” and “final order” and “petitioners” will also become “applicants”. 

There will be a minimum time frame of 20 weeks (6 months) post the petition stage, with an “opportunity to reflect and turn back”. If an applicant upholds their decision to get divorced after this period, couples will be able to have their divorce granted. 

Alternative Dispute Resolution

Where possible we will work with you to find an amicable solution, helping you resolve matters out of court by way of alternative dispute resolution. All of our family solicitors at Wainwright & Cummins LLP are committed to the Resolution Code of Practice. This promotes an approach to family law that is sensitive, constructive, cost-effective, and will most likely result in an amicable agreement. Our focus is always to work in your best interest, and we will be there to guide you through the process every step of the way. 

Divorce Lawyers near you

Regardless of the reason for your separation or any complexities surrounding finances or children, for example, our local divorce solicitors are on hand to provide the guidance you need. We take great pride in building strong client relationships during what is a difficult time for our clients. We regularly represent parents, children, guardians, and family members in care proceedings brought by the local authority.

We can also assist you with a judicial separation as an alternative to divorce. Judicial separation does not end the marriage but simply formalises the separation.

Fixed fee divorce package

We will always ensure you are fully aware of all fees and there will never be any ‘hidden-costs’. 

Our solicitors will provide you with a full breakdown upon your instruction to us and we will ensure you fully understand all the charges. We try to work to a fixed fee, so that you can feel in control at all times, with costs starting at £750.00 + VAT (£900.00 incl VAT) + disbursements + any court fees, for a straightforward divorce case.

Our standard charges for a straightforward respondent case would start at £450.00 + VAT (£540.00 incl VAT). 

Contact us for Advice regarding Divorce and Separation 

To speak one of our experienced divorce lawyers in Brixton you can call us on 0207 095 5700 or make an enquiry. Your enquiry will be dealt with in complete confidence and you can always be sure of our complete discretion. 

Our other Legal Services

We pride ourselves on providing our clients with a complete legal service, covering all the legal matters that you may require. When going through a family law issue, we realise there may be other matters you would like to discuss with us, and should you require it, we will ensure you get all the advice and guidance you need concerning other legal matters including property law, Immigration, child care law, and financial settlements. [link to new page]

 

For further information or to speak to one of our experts please contact us.