Family Law
Having someone you can confide in, someone you can trust to deliver the best advice, someone who has your best interests at heart when going through a divorce is vital.
That’s what you get from the family law experts at John Hodge Solicitors who offer specialist advice on all aspects of divorce.
There has been a significant change in the law to mean that a divorce no longer needs to be based on fault. The only thing that needs to be proven is that the relationship has broken down irretrievably.
After one year of marriage, either or both spouses may start the divorce proceedings. The application for the divorce (the petition) is completed by the ‘petitioner’ and then sent to the court with the marriage certificate and the court fee. These are now done online through the Court Portal.
Within a few days of receiving the petition, the court sends a copy of it to the other spouse, known as the ‘respondent’, who then acknowledges with the court that they are in agreement that the divorce should progress. The parties then enter into a twenty week ‘cooling off period’ during which time the process of the divorce itself cannot be moved forward.
Upon the expiration of the ‘cooling off period’, the petitioner may apply to the court for the Conditional Order on divorce, again through the online portal. Once the Conditional Order has been pronounced, the Petitioner then has to wait 6 weeks and one day from the date that the Conditional Order was pronounced before they can apply for the Dissolution Order, thereby ending the marriage. This process typically takes between six and eight months, although it can take longer depending upon the parties’ circumstances.
A lot of people do not realise that, under English law, when you marry someone you create two ties being a matrimonial tie and a financial tie. If you only complete the divorce, and do not officially deal with the financial matters arising from the divorce, you will only sever your matrimonial tie. This can therefore result in either spouse making a financial claim in respect of the marriage years after the parties divorced. The normal way to sever your financial tie would be to have a Court Order that explains what is going to happen to the parties assets but also provides for a ‘Clean Break’. If a ‘Clean Break; is made, it should mean that neither spouse is able to make any further financial claims in respect of the marriage.
Quality legal and practical advice is crucial at such an important time so that you can be made aware of your rights and how to protect them. John Hodge Solicitors know that you need clear professional expert, sympathetic advice help delivered in a comprehensive and straightforward manner. Our experienced Family Lawyers are able to guide you through this very difficult time and ensure that you receive the best possible legal advice .
Our services include:
The family law department at John Hodge Solicitors offers expertise in all aspects of divorce so that you receive specialist legal advice from highly experienced lawyers.
We will listen carefully to what you want and take the time to understand exactly what you need. If you have any concerns, we will be available to talk them through with you, offer advice, take any relevant action and put your mind at rest. You won’t feel alone when you have John Hodge Solicitors on your side.
Our experienced Family Lawyers offer a free initial consultation within which your Family Law issues can be discussed with no obligation on your part to instruct us after that initial consultation.
We have Family Lawyers across Bristol and Somerset with offices based in Bridgwater, Clevedon, Wedmore, Weston-Super-Mare and Yatton.
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