Although it makes no difference in English and Welsh law whether you or your spouse files for the divorce, this is not so in other jurisdictions. This makes it especially important to obtain legal advice as soon as possible if another country’s jurisdiction may have a say in your case, especially if you are a high net worth individual. Being the petitioner rather than the respondent in this instance may make all the difference.
In England and Wales there is no such thing as a ‘no blame’ divorce. You must establish that there has been an irretrievable breakdown of the marriage. To show that this irretrievable breakdown has occurred (and for you to be granted your divorce) you have to prove that one of three things has happened – either unreasonable behaviour, adultery, separation for at least two years. If your ex doesn’t consent to a separation divorce, you might have to wait five years.
You may need to present the court with evidence that one of these has happened in order to prove that an irretrievable breakdown of the marriage has occurred. Without evidence in one of these categories you will not be able to divorce.
We have a team of specialist solicitors who can guide you through what is often a difficult process. Whether you are the respondent or the petitioner or you are still considering your options, we will discuss your divorce with you and advise you how to proceed. If your case has an international element, we will help and advise you through the processes of the international courts.
We are also able to negotiate an agreement with your spouse’s solicitors in advance of the documentation going to court to ensure that the grounds of divorce are agreed and to avoid any lengthy and potentially expensive dispute.
We can also advise on and handle any injunctions or financial freezing orders to prevent money or assets being hidden. These can even be done before your spouse is notified of the divorce proceedings.
Whether you have been served with divorce papers, are intending to serve your partner with divorce papers, or are unsure of where a divorce would leave you financially, then our experienced team of solicitors are here to help and advise you through what is a notoriously emotional and difficult process. By using Austin Kemp you will receive the best advice from solicitors experienced in dealing with divorces between individuals with large amounts of wealth and assets.
Although it is seen as one of the most stressful things anyone can do, divorce is actually mainly paperwork. Once the respondent has been served with the petition (this can be done by process servers if they refuse) then the decree nisi can be applied for. If the grounds of the divorce petition are accepted the decree nisi will then be pronounced in court. The court can then make an order in relation to finances and, once this is agreed, the degree absolute will be applied for. It is when the decree absolute is finalised that both parties are officially divorced. The decree absolute has to be applied for at least 6 weeks and 1 day after the decree nisi is pronounced but this can take much longer if there is a complex financial settlement, for example if you are a high net worth individual with pension funds and investments spread out across the world.