Contact us to arrange a meeting

Address

Avery Walters Ellis Solicitors

27 & 41 Harrogate Road

Leeds

LS7 3PD

 

Tel: 0113 2007480 or

      0113 2284000

Email:advice@averywalters.com

Alternatively, use our contact form.

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Family Law Specialists

Family law deals with legal relationships between persons who are connected through marriage, civil union, family and kinship or through guardianship, tutelage or legal supervision. The complex nature of this area makes it advisable to use the specialist services of a solicitor.

We will represent you both in and out of court. Our team of Family Law specialists can assist and guide you through whatever Family Law issue life throws at you.

Whether you are facing or wanting to start divorce proceedings, separation, domestic abuse or other family difficulties our solicitors will help guide you through these distressing times.

Call us now on 0113 200 7480 or 0113 228 4000 for initial free advice or tell us about your situation using our online contact form

Why choose us?

All our family and divorce advisers will handle your case with sensitivity and care, and will provide one to one support. They will take time to listen to you, explain all your options and work hard to obtain the best outcome for you. We will offer you expert and affordable solutions on all Family Law matters including:

  • Divorce and separation procedures 
  • Divorce settlements 
  • Drafting marriage contracts 
  • Child custody and protection 
  • Domestic violence 
  • Financial arrangements 
  • Pre and post nuptial agreements 
  • Cohabitation/living together 
  • Civil partnerships 
  • Collaborative law 
  • Injunctions 
  • mediation 
  • Inheritance claims

Ready to speak to a lawyer? Call us now on 0113 200 7480 or 0113 228 4000

Alternatively complete our online form and we will call you back

Grounds for Divorce

Getting a divorce in the UK is normally pretty striaght forward when both parties agree. Our team of expert divorce lawyers will guide you through the process and will assist you with the more complex areas of divorce such as: protecting the family home, where to live, who gets custody of the kids, acess and maintenance and your finances and dicorce settlement.

In England and Wales you can apply for a divorce if:

  • You have been married for at least one year.
  • You can prove that your marriage has irretrievably broken down.

To prove that your marriage has irretrievably broken down you have to show one of the following:

  • Your spouse has deserted you for a continuous period of two years
  • You and your spouse have lived apart for two years or more and your spouse consents
  • Your spouse has committed adultery.
  • You and your spouse have lived apart for five years or more whether or not your spouse consents
  • Your spouse has behaved in such a way that it would be unreasonable to expect you to go on living together.

Divorce Procedure

The first thing to do is get a Divorce Petition. This is a form that starts the  Divorce procedure. It is a good idea to get your spouse's consent to a Petition before it is filed before the Court. Having consent may help to keep things amicable throughout the proceedings. Our team of divorce experts may be able to agree the contents of the Petition.

If there are children in the marriage, you also need to complete a form called Statement of Arrangements for Children. We will help you every step of the way.

Once the Divorce Petition has been completed and sent to the Court: 

  • The Court serves the Petition and Statement of Arrangements for Children (if applicable) together with an Acknowledgment of Service on the Respondent. This is the spouse who did not commence the proceedings.
  • Within 8 days the Respondent should file the Acknowledgment of Service. The Court sends the Petitioner (the spouse who started the claim) a copy of the acknowledgement filed by the Respondent.
  • Our solicitors will prepare the Petitioner's application for Decree Nisi including an Affidavit for the Petitioner to swear confirming that the contents of the Petition and Statement of Arrangements are true. Both the Petitioner and Respondent are then advised of the date fixed for the Decree Nisi. The date is likely to be a few weeks after the application was lodged.
  • 6 weeks and 1 day after the Decree Nisi the Petitioner may apply for the Decree Absolute. The Decree Absolute cannot be made until the District Judge has granted a certificate that he is satisfied with the arrangements for the children.

Funding your case

There are a number of options which are available for funding the cost of a divorce. Whilst we are not able to advise you as to which option you should choose, we hope, that by setting out some of the options for you it will provide some assistance:

  • Your Own Resources - Savings, family friend or sale of an asset.

 

  • From a 3rd Party - Personal Loan or Credit Card

 

  • From your Spouse - By way of an agreement

 

  • Insurance - Before the event or after the event policies

 

  • Litigation Loans