We answer your frequently asked questions on splitting up.
What are the grounds for divorce?
Irretrievable breakdown of the marriage shown by one of five grounds which are briefly:
- The other party’s adultery
- The other party’s unreasonable behaviour
- The other party’s desertion and two years' subsequent separation
- Two years' separation and the other party’s consent to the divorce
- Five years' separation
Does my spouse/partner need to know I’ve come to see you?
partner has no need to know that you have come for legal advice. Any
advice/meetings are strictly confidential between you and ourselves.
if a child protection or well-being issue arises we may need to refer that to
Do you need to have been married for a minimum period before you can get a divorce?
for one year. You can obtain a judicial separation at any time after
marriage, however, a decree of judicial separation does not end a
How much does a divorce cost?
is difficult to estimate costs in family matters; but a straightforward
divorce usually costs around £1,150 including court fees and VAT. The
costs of proceedings about children and/or financial issues can be
substantial, but depend on the circumstances of the case. An estimate of
costs will be given at our first meeting.
We are not married and we live in my partner’s home. Am I entitled to anything?
is no simple answer to this. The law gives no automatic rights to a
partner in these circumstances, but if you have contributed towards the
deposit on a purchase, or provided money for significant improvement to
the house, you will usually have a claim. It is worth getting legal
If we have been living together, but haven’t married, does everything have to be split 50/50?
necessarily. The law implements any express agreement that a couple
makes about their property. If you have no precise agreement, the law
may infer an agreement dependent on the circumstances. Again, this depends on the individual circumstances.
Do you offer a free first appointment?
We do not offer a free first appointment to new clients to the firm, but we do provide the first meeting (of up to one hour) and a letter of legal advice at a fixed fee. Payment needs to be made either before or immediately after the appointment.
Do I need to come in to see you?
If you are seeking legal advice it is usually best to arrange an appointment to see a solicitor/legal adviser so we can discuss matters fully. We will advise you about your position, what advice you might take and your legal costs.
For Frequently Asked Questions relating to children, (eg contact and the CSA/CSM) visit our Childcare FAQ pages
If you have questions about these or any other issues, please don't hesitate to contact Burnetts' divorce and separation solicitors on 01228 552222 or by emailing email@example.com