Andrews Solicitors

At Andrews Solicitors, we understand that when problems arise within families, they must be dealt with in a sensitive, sympathetic and efficient manner.

Our family department consists of highly experienced and qualified individuals. We provide assistance in relation to all aspects of relationships and/or marital breakdown. We provide support, guidance and practical advice in this very sensitive and complex area of law.

We adopt a conciliatory style and believe that where possible, mediation (between the parties) is always the best possible solution. This is a process where an impartial third person assists those in the family breakdown to communicate better with one another and to reach their own agreed and informed decisions about some or all of the issues relating to, or arising from, the separation, divorce, children, finances or property. If successful, it can improve communication and is much quicker than seeking resolution in the Court. This is beneficial to both parties as Court proceedings are often strenuous, expensive and increase the animosity between the parties. For these reasons and many more, Court litigation is often viewed as the last resort.

However, due to the very nature of relationships, and the emotions involved, it is often necessary to resort to Court proceedings. We therefore provide assistance in initiating or defending various applications from Parental Responsibility and/or Contact to Injunctions as a result of domestic violence to applications for the sale or transfer or property where an unmarried couple decide to go their separate ways.

Our Family Department maintains links with other local services such as Citizens Advice Bureaus, Contact Centres, Domestic Violence Services and we also provide advice and assistance at a workshop for victims of domestic violence.

We are able to provide assistance no matter what your financial circumstances may be. We hold a Legal Services Commission Quality Mark in this area of work which means that our services are approved; quality assured and delivered as specialists. We are also able to grant emergency legal help to clients should your situation require emergency representation. Should you not qualify for legal help we are able to provide a high quality service whilst keeping costs to the minimum.

Divorce, Separation, Annulment, all words that most of us involved in relationships do not envisage or wish to become a reality. Unfortunately these situations do occur and we provide caring and sensitive advice at a time when most are extremely vulnerable. We can help you resolve the problems resulting from the breakdown in your relationship and obtain the best possible results for you.

There are various issues that need to be addressed following the breakdown in a marriage. Who will the children of the family reside with? What will happen to the matrimonial home? Financial provisions? Who will pay maintenance to whom and how much? Whether or not the split is amicable, we can provide advice and assistance in relation to all these questions and many more.

If you do not wish to divorce for religious or social reasons, we can advise you in relation to Judicial Separation Agreements. This will ensure that your rights in relation to the children and finances are protected whilst you remain legally married.

The procedure for divorce is usually quite simple and we try to make it as quick and as amicable as possible. Divorce proceedings are started by one spouse filing a Divorce Petition at Court. The spouse seeking a divorce is called the Petitioner and the other spouse is called the Respondent.

Anyone who has been married for over a year can issue divorce proceedings, provided that one or other of the parties are domiciled in England and Wales or has been resident in England and Wales during the proceeding year. The place/country where the parties were married is irrelevant.

The only basis for divorce is “that the marriage has broken down irretrievably”. To prove that there has been an irretrievable breakdown in the marriage, the petitioner must establish one or more of five facts, which are laid down in law. These are as follows:

a)	Adultery - That the Respondent has committed adultery and the Petitioner finds it intolerable to live with the Respondent. If you are aware that the respondent will not admit the adultery, then this fact can be very difficult to prove and it would therefore be better to proceed under one of the other options.
b)	Unreasonable Behaviour – That the Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the Respondent. What behaviour is reasonable and what is not is judged from the Petitioner’s point of view. The Petitioner would usually provide different examples of unreasonableness and it may be helpful to agree the allegations of unreasonable behaviour with the Respondent in advance;
c)	Desertion - That the Respondent has deserted the Petitioner for a continuous period of at least 2 years immediately preceding the presentation of the petition. The desertion must have taken place without the consent of the Petitioner. If the parties have lived together in the same house, then this may cause a problem as if there has been recent or brief reconciliation, between the period of desertion, which has occurred for periods longer than 6 months then this basis will not be available.
d)	Two Years Continuous Separation with Consent – That the parties to the marriage lived apart for a continuous period of at least two years immediately preceding the presentation of the petition and the Respondent consents to a Decree being granted. To proceed on this basis, the Respondent has to provide his consent, or this will prevent the court from proceeding.
e)	Five Years Separation – That the parties to the marriage have lived apart for a continuous period of at least 5 years immediately preceding the presentation of the petition. If there have been reconciliations during the separation, these must total less than 6 months. A defence of this factor is that the divorce may be refused if the Respondent can prove that this will cause hardship.

The vast majority of divorces are based on the “fact” of either adultery or unreasonable behaviour. This is because the other three options need periods of separation of at least two years and most couples do not wish to wait for up to two years. The vast majority of divorces are undefended. This is because who divorces whom and the “facts” by which irretrievable breakdown is proved have little or no consequence on how the other issues arising from the divorce (over finances and children) are resolved.

The divorce procedure in England and Wales is basically a paper exercise and does not require either party to attend court in person as any evidence is given in the form of a sworn statement. Provided there are no difficulties, an undefended divorce takes approximately 3-4 months from the date of filing the petition to the pronouncement of the Decree Nisi. The Petitioner will then have to wait a minimum of 6 weeks before he/she can apply for the Decree Absolute, which is the final stage of the divorce proceedings and formerly dissolves the marriage.

The divorce may however be delayed by the Respondent either through his/her actions/inactions and may be delayed by any problems concerning the children. In most cases, the attainment of the Decree Absolute is often deferred until the couple have resolved the financial issues. This means that the couple retain the benefits that they would each receive on the death of the other. For example, under a pension or life insurance policy, pending an overall resolution of the financial issues.

The law treats unmarried relationships very differently to those who have married and much can be done to protect your interest, including your financial assets. It is advisable that couples, including same sex couples, take legal advice before living together, as the law does not provide the same legal remedies for those in marriages.

You can contact our Family Team for advice and enquiries. You can also contact the office to schedule an appointment.