Divorce & Dissolution

There are five available grounds for divorce, known as a ‘gateways’. One of these grounds must be met in order for any divorce application to be considered by the Court. The grounds are as follows:

• Adultery;

• Behaviour (the behaviour must be considered unreasonable and can vary from case to case);

• Desertion (the person applying for a divorce under this ground, known as the Petitioner, has been deserted for a continuous period of at least 2 years immediately prior to the divorce application being made);

• Seperation (2 years) - This requires both parties to agree to the divorce, consenting to the Decree Absolute (the order that finalises the divorce) being made;

• Seperation (5 years) - No consent is required by the responding party if there has been a seperation of 5 years or more.

Fixed Fee Divorces

For a straightforward divorce I charge £450 plus disbursements (including court fees) providing there are no ancillary issues involving children and/or finances or other complicating factors.

In all cases the Court will charge a petition fee (generally known as a Court Fee) which is currently £550. If you are in receipt of benefits or have a low income, in you may be eligible for a fee exemption for all or part of the court fees.

If you find yourself in any of the above situations or your partner has sought a divorce then I can advise you on your situation and your available options.

Child Arrangements & Orders

If a child’s parents cannot agree on the specific terms of where a child should live, or how often the parents should see the child, then an application can be made to the court for a Child Arrangement Order. If you have requested, or been issued with an application for such an order, then I can help explain the process and how to approach the case.

Sadly it is all too common when parents cannot agree over the amount of time a child will spend with either parent. The disagreement can arise from any of the following factors:

‘Which parent the child will live with?’
’How often the child will see/stay with the other parent?’
’Who will take the child on holiday, and what happens if the other parent also wants the time?’
’How to bring up the child including lifestyle concerns such as religion, moral values, etc?’
’How often the child will see other relatives, including both sets of grandparents?’

Many different factors are taken into consideration by the court when making decisions about a child. The principle consideration is protecting the welfare of the child. The court will look to what effect any change in circumstances may have on the child, together with the child’s wishes, depending on his or her age, understanding and educational and physical needs. A Family and Court advisor from Cafcass Cymru will make enquiries and help the parents and the court to come to the best decision for the children.