Divorce and separation advice from Boys & Maughan focuses on alternatives to court proceedings and is geared towards finding solutions and lasting agreements, which look after the needs of our clients and interests of any children.
Our specialists, who are based in Margate and Canterbury, recognise the benefits to couples and their children of working together for the benefit of the whole family rather than focussing on conflict. See our collaborative page or watch the video here for more details of our usual approach.
There is no one size fits all approach to divorce. We explain all of the available options and fully support our clients in their preferred process, ensuring at all times that their interests are paramount. Our lawyers have decades of experience of dealing with separation and divorce between them. They often spot pitfalls clients are unaware of saving them time, money and unnecessary worry.
Call or email us and we will explain how we can help. We believe you will be pleased with the approach we take and our fees.
Divorce and separation
If you are having problems in your marriage or partnership, you should first consider whether these difficulties could be resolved with the help of a trained relationship counsellor. Organisations such as Relate could help you.
If you do decide to divorce or dissolve your civil partnership, we are here to advise and guide you through the process. We will outline your options at every stage and give you the information to make your own decisions.
Wherever possible we will tell you in advance exactly how much each stage of your divorce will cost. However, this is not always possible which is why you should give serious consideration as to how you plan to fund your case. To assist you with this we offer a range of fixed fees - please ask us for more details.
Reasons for an application for divorce
To obtain a divorce in England and Wales you need to show that you have been married for more than a year and that the marriage has broken down.
The marriage must have broken down for one of these reasons:
- Your spouse has committed adultery and you find it intolerable to live together
- Your spouse has behaved in such a way that you cannot reasonably be expected to live together
- You have been separated for two years and your spouse agrees to divorce
- You have been separated for five years, or
- Your spouse deserted you more than two years ago.
No fault divorce
The Government announced in June 2021 that the Divorce Dissolution and Separation Act 2020 will come into force on 6 April 2022. Married couples who are seeking a divorce will no longer have to ‘blame’ the other. This long awaited change to the law comes later than the anticipated implementation, which was originally planned for the end of 2021.
The divorce process
This can be summarised in seven stages:
- Divorce petition is sent to court
- A copy is sent to your husband or wife
- Your husband or wife completes an Acknowledgment of Service
- If undefended, you sign a statement confirming details are true
- Judge considers all the papers and decides if you are entitled to a divorce
- Court sets date for pronouncement of Decree Nisi
- Six weeks and one day after Decree Nisi you can apply for Decree Absolute.
The time it takes to get a divorce will vary according to the complexity of your case and the practice of the particular court. If you would like to learn more about the process please download our divorce process fact sheet.
As mentioned above, if you do decide to divorce then one of the first things you must do is to immediately make or re-visit your will to ensure that it meets your changing circumstances. If you re-marry at a later date any will you have already made may, of course, need to be changed again.