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Divorce

The decision to divorce is one of the most difficult decisions you will make. Divorce is the legal way of ending a marriage.  Here at Martin Tolhurst Solicitors we recognise that getting divorced is already stressful and distressing. Our solicitors will provide you with clear advice in an approachable manner. 

In order to obtain a divorce, you must have been married for at least 12 months and you must be able to demonstrate that one of the following five facts has been established:

  • Your spouse has committed adultery and you find it intolerable to continue living together.
  • Your spouse has behaved in such a way that it would be unreasonable to expect you to continue living together.
  • Your spouse has deserted you for a continuous period of 2 years or more.
  • You and your spouse have been living separately for 2 years or more and your spouse agrees to the divorce.
  • You and your spouse have been living separately for 5 years or more, whether or not your spouse consents to the divorce

We can advise on which of the facts is most applicable to you, and the procedure which needs to be followed. Unless your spouse objects to the divorce, it will be a paper exercise and can be dealt with separately from any issues relating to children and finances following on from the breakdown of your marriage.

Usually the divorce process takes between 4-7 months. Often no court attendance is necessary during the whole process. With our help your divorce should be a smooth and straight-forward procedure. 

Where there are international elements to the divorce, we will provide you with detailed advice, often in conjunction with family law firms overseas, so that you can make an informed decision as to which country you would like matters to proceed within. In these circumstances it may be important to act quickly to start proceedings in the country of your choice. 

We will provide you with expert legal advice for all aspects of your divorce and support you at every stage to get the simplest and most cost-effective solution for you and your family. For further information call our New Enquiries team on 0800 0271452 to find out how we can help you.