Specialist Divorce & Family Law Solicitors in Wirral

In order to divorce or obtain a civil partnership dissolution, you need to have been married for more than a year.

England and Wales has a ‘no fault’ system for both divorce and dissolution for applications issued on or after 6 April 2022. The ground is that the relationship has irretrievably broken down.

There are now very limited opportunities to dispute a divorce or dissolution if you do not accept that the marriage or civil partnership has irretrievably broken down. To do so, an answer must be filed within a limited time frame from service of the application. It is important to note that, save for the pronouncement of conditional orders, undefended applications are private. By contrast, defended divorces are heard in public proceedings. There are also cost consequences of defending divorces or dissolution proceedings. The procedure requires specialist advice.

The first step is for your application for divorce or dissolution to be issued at court. Your marriage certificate and a court fee are required. If you bring the application you are known as the applicant.

If you bring an application together, one of you will be called applicant 1 and the other applicant 2.

The court serves the application on your spouse/partner, usually by email and post. In some circumstances, alternative arrangements can be made by the applicant. Your spouse/partner will be known as the respondent. They must return their acknowledgement of service to the court. An acknowledgement of service form must also be completed if there are joint applicants.

There are limited options to dispute proceedings, although it may be possible on jurisdictional grounds or if there is a dispute about validity, fraud or procedural irregularity.

Assuming the proceedings go ahead on an undefended basis, the applicant (if a sole application), both applicants in a joint application, or in some circumstances a sole applicant (if proceedings have been issued jointly), may then apply for the first stage of the divorce or dissolution, called a conditional order (previously called decree nisi). The application can only be made a minimum of 20 weeks from the date the application is issued.

The court reviews the application and, if satisfied that the criteria are met, grants a certificate of entitlement to the conditional order and sets a date for pronouncement.

The conditional order is pronounced in open court and a copy sent to both parties. From this stage onwards, the court has the power to make financial orders if asked.

Six weeks and one day after the conditional order, the applicant (or joint applicants) may apply for the final order (previously called decree absolute). If they do not the respondent may apply.

The final order is made and sent to both parties. The final order terminates a marriage or a civil partnership. It does not sever financial links between the parties.

Online divorce or dissolution

It is possible to obtain a divorce or dissolution through an online service provided by the court service. In some circumstances, the court may require a paper application.

Effect of final order

A final order terminates your marriage or civil partnership. Once you have a final order you are free to remarry.

It also affects inheritance under a will. You should review your will after a final order as some or all of its provisions may no longer be valid after divorce or dissolution.

A final order does not terminate your financial rights and responsibilities against or towards your former spouse/civil partner. Financial issues have to be considered and addressed separately in a court order in order to achieve finality. This can be done by consent, utilising a number of different dispute resolution options, or through the court.

It may be prudent to apply to the court to delay an application for final order until a financial settlement is resolved. Legal advice should be taken.

Yes, there is a fee payable to the Court to commence the proceedings. This is presently £593.00. This is separate from any fees that the parties incur by instructing a solicitor.

You can apply for a divorce if your husband/wife lacks mental capacity however they will need someone to make decisions for them during the divorce proceedings. This person is called a litigation friend. It can be a family member, close friend or someone else who can represent them and assist them with the process.

If there is no one suitable or willing to be their litigation friend, you can apply to the court to have one appointed.

Financial arrangements in divorce can often become a complicated lengthy process. It is therefore essential that you receive in-depth expert advice to ensure that the outcome achieved is right for you.

When considering financial settlements the Court will have regard to the following factors:

• The income earning capacity and other financial resources which each of the parties has or is likely to have in the foreseeable future.
• The financial needs, obligations, and responsibilities each of the parties has or is likely to have in the foreseeable future.
• The standard of living endured by the family before the breakdown of the marriage.
• The age of each party and the duration of the marriage.
• Any physical or mental disability of the parties.
• The contributions which each of the parties has made or is likely to make in the foreseeable future to the welfare of the family.
• The conduct of the parties if that conduct is such that it would be inequitable to disregard it.

A civil partnership can only be ended by way of dissolution and with couples usually facing the same challenges and complexities as those going through a divorce, our team of experts can facilitate the best outcome for you.

Our expert solicitors will guide you through the process to ensure that the financial settlement achieved represents the very best outcome for you.

Issues concerning children present parents, family and the courts with some of the most difficult decisions to make. The Children Act 1989 is the main piece of legislation to be considered. The team at Johnson and Boon solicitor offer access to reliable and practical advice to assist you with a variety of issues concerning children.

Common issues include:

• Child Arrangements – who a child lives with and how much time they spend with the other parent including the type and nature of the contact to be allowed.
• Issues as to how to prevent a parent from doing something (prohibited steps order).
• Issues requiring someone to do something (specific issue order).
• Issues relating to parental responsibility.
• Issues relating to the relocation of Children either abroad or to another area of the country.
• Maintenance

For advice in relation to any of these issues or any other issue relating to Children, contact a member of our team.

Civil partnerships are the legally recognised union of two people of the same sex.  Couples who enter into a civil partnership have the rights to the same legal treatment across a range of issues as a married couple would expect.

A Civil partnership can be brought to an end by way of dissolution. The parties will need to obtain a Dissolution Order from the court. The Dissolution Order cancels all legal duties and responsibilities of the civil partnership and essentially ends the legal contract between the parties.

If you require advice in relation to the dissolution of a Civil partnership  contact a member of our team for a free, no-obligation initial meeting.

Whilst there are subtle differences between a civil partnership and marriage, in recent times many of the rights and responsibilities have been altered to mirror those of a married couple.

In certain very limited circumstances, it is possible to obtain a declaration that the marriage or civil partnership was void or voidable. This is a complex area of law and highly fact-specific. If you consider this may be relevant to your circumstances you will need to take specialist advice which we would be happy to assist with.

As with a disputed divorce or dissolution, this process is heard in open court.

If you do not wish to divorce or dissolve your civil partnership but do require a formal legal separation, you can apply for a judicial separation. The process and legal implications of a judicial separation are different from divorce and dissolution. Most significantly, your marriage or civil partnership is not terminated by a judicial separation.

Whether it is advisable to opt for judicial separation instead of a divorce will depend on your particular circumstances upon which you will require advice.

Non-molestation orders are civil court orders which protect victims of domestic violence. The Order will provide protection to the victim from violence, threats, and harassment. The Order also carries the power of arrest and the penalty for breaking the order can carry a sentence of up to five years in prison.