Divorce Daventry

Divorce Advice In DaventryAre you looking for more information about getting a divorce in Daventry? Our team of experts can help you at this difficult time providing sensible pragmatic advice at affordable fixed fees, tailored to your individual circumstances. We work hard and care and protect you and your best interests.

Call us today FREE on 0800 3 10 11 12 or use our online enquiry form.

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What Is A Divorce?

There must be a valid ground for a divorce to be accepted by the courts. This page explains all the grounds that are used and what is expected to be shown under that ground. A person who applies for a divorce is called ‘the Petitioner’ and their spouse is called ‘the Respondent’.

The one ground for divorce is that the marriage has irretrievably broken down. To prove this, the Petitioner must establish one of the following facts:

1. Behaviour
2. Adultery
3. 2 Years Separation
4. 5 Years Separation
5. Desertion.

Behavior

That the Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with them. Examples of unreasonable behaviour are drinking to excess on a regular basis, gambling or inflicting violence on one or more occasions.

This is by no means an exhaustive list and we would need to advise on each individual case as to whether a certain type of behaviour would succeed in establishing grounds for divorce. However, any allegations may be used and there may be some advantages to relying on less serious allegations.

This may serve to ensure that your relationship with your estranged spouse can remain amicable making financial arrangements and arrangements for the children easier to agree.

Adultery

That the Respondent has committed adultery and the Petitioner finds it intolerable to live with the Respondent. It is not necessary that the adultery is the cause of the breakdown of the marriage so adultery can still be relied upon even if it occurs after the parties have separated. Evidence of adultery must be provided either by an admission by the Respondent or other evidence that they have had sexual intercourse with a person of the opposite sex. The other party involved does not need to be named in order to establish adultery. Adultery can be used as a basis for divorce regardless of whether this occurs before or after you separate from your spouse. Not more than six months must have elapsed since you discovered the adultery, unless the adultery is continuing.

2 Years Separation With Consent

The Petitioner and Respondent must have lived separate and apart for a continuous period of 2 years and in addition, the Respondent must consent to the granting of a decree. If consent is not provided, then the Petition cannot proceed.

5 Years Separation

The Petitioner and Respondent have lived separate and apart for a continuous period of 5 years. Consent from the Respondent is not required to obtain a divorce on this ground.

Desertion

This fact is very rarely relied upon. It requires separation to be entirely unilateral and the desertion must be for a minimum of 2 years before a Petition can be presented.

If a Petitioner is relying on the grounds of 2 years or 5 years separation, then they must not have lived with the Respondent for a continuous period of 6 months or separate periods totalling 6 months within that period of separation. Should this be the case, then a Petitioner will not be entitled to a divorce. Periods of cohabitation lasting for less than 6 months would have to be added to the 2 year or 5 year separation so that there has still been the requisite period of separation.

If a Petitioner is relying on the fact of adultery or unreasonable behaviour, then they must not have cohabited with the Respondent for 6 months or following discovery of the adultery or the last incident of unreasonable behaviour. Should this be the case, then they will not be entitled to rely on that ground.

Uncontested Divorce Fixed Fee For Respondents Includes:
  • A solicitor to check the divorce papers and prepare and file any necessary documents on your behalf
  • Advice and guidance on procedure from an experienced Family Law solicitor
  • Direct access to our legal team by e-mail and telephone
  • Regular progress reports at all key stages of the procedure

By paying a fixed fee you can be satisfied that there are no unexpected costs.

The fixed fee will cover all work that is required as standard in all divorce proceedings. However, additional work my be required if your spouse has made a claim for costs within the proceedings and you wish to defend that claim. Should you require our assistance in this regard there will be an additional cost.

If you need advice before submitting an enquiry for a fixed fee divorce, book a free telephone consultation with one of our solicitors.

Fixed Fee Uncontested Divorces For Petitioners Includes:
  • All the paperwork prepared and filed with the court on your behalf
  • Advice and guidance from an experienced Family Law solicitor
  • Direct access to our legal team via e-mail and telephone
  • Regular progress reports at all key stages of the procedure

By paying a fixed fee you can be satisfied that there are no unexpected costs.

Our Fee:

Our fixed fee includes standard court fees, payable on application for the final Decree.

Occasionally unexpected complications will arise necessitating additional work. Examples could include having to arrange for service of the papers by court bailiff or applying for an order for deemed service. In these circumstances we will discuss the cost of any additional work and extra court fees that you will incur before we undertake the work.

If you need advice before submitting an enquiry for a fixed fee divorce book a free telephone consultation with one of our experienced Family Law team.

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Sarah Chan - Seatons Solicitors

Divorce Specialists Covering Daventry

Hello, I am Sarah Chan and I am the Head of Seatons Solicitors Family Law Department in Corby, Northamptonshire and cover divorces in Daventry and the surrounding area.

We aim to provide our clients with an outstanding legal service. We will help and support you and most importantly we work hard for you.

Please contact us free on 0800 3 10 11 12 or contact us online

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