Divorce (Petitioner) Package
Divorce (uncontested) Package
Divorce is a legal process ending the contract of marriage. At the end of your Divorce you will no longer be married.
It is very important to us that you understand at the start of your case that a Divorce will not deal with the division of your house, assets, income, pensions etc. or the future arrangements for your children.
To deal with your matrimonial finances you will need to instruct us to represent you in this regard. As lawyers, we call this process Ancillary Relief. Work done with regard to Ancillary Relief matters is normally charged at our hourly rate. We can usually provide a package price for this and if this is how you would prefer to pay please discuss this with us.
If during this time you are having difficulties with your spouse in deciding who your children should live with or when you or your spouse should have contact with the children, then you may need to seek the assistance of the court to resolve these difficulties and formalise the arrangements for your children. If such action becomes necessary we can make the appropriate application. This type of application is completely separate to your Divorce and is therefore charged separately.
What does Uncontested mean?
The majority of divorces proceed on an uncontested basis. This means that both you and your spouse give consent to the marriage being ended. An uncontested divorce is dealt with by the court without the need for any court hearings and is therefore a paper process.
What your Divorce Package includes:-
- Legal advice and support. This includes up to one and a half hours personal attendance.
- The preparation of the Divorce Petition and accompanying documentation, preparation of the application for the Decree Nisi and the application for the Decree Absolute.
- Court fees for starting your proceedings (the "issue fee") and the court fee for the Decree Absolute.
- Telephone calls, emails and letters to/from you, your spouses' solicitor and the court.
Legal Fees £750.00
Court Fees £550.00
What's not included
In the average case it will not be necessary for you to have the following items and it is for this reason that they are not included in the package. In the unusual circumstance that you do need to take an additional step your lawyer will advise you what you need and the cost of the action needed.
The possible "add ons" to your package are:
- Court Hearings
If you get into a dispute with your spouse, as to whether or not they should reimburse you your legal fees of divorce (known as your "claim for costs"), the court will require you to file a statement and attend a hearing where the court will decide whether to order your spouse to pay your costs and the amount of costs to be paid. Should you not wish to deal with this yourself you can instruct your lawyer to draft the required statement and represent you at court. This will be charged at our hourly rate unless we agree a package "add on" price with you.
- Personal Service/Bailiff Service of the Divorce papers upon your spouse.
In certain circumstances your spouse may ignore/fail to acknowledge the Divorce Petition. If this happens your lawyer may advise you to have your spouse personally served. The court Bailiff charges a small fee of £20.00 to do this, although they have a lot of other duties and this may mean that serving your papers takes a few weeks. The alternative is to employ a Process Server, who will act just for you and who will promptly locate your spouse and serve them with the papers. This can often cost between £100 - £250 + VAT.
- Application for Deemed Service or to Dispense with Service
This is a court application, usually made by post, for an order stating that the court is satisfied that your spouse has received the Divorce papers or an order stating that it is not necessary to serve the papers on your spouse, because for example, they may be missing. This will only be applicable to certain cases. Again you lawyer will advise you if this action is necessary and provide an estimate of charges at this time.
AND of course it is likely that you will need to have advice and assistance in formalising your financial position upon divorce. Even if you have no assets to divide it is important that you obtain a "clean break" from your spouse in a financial sense, simply divorcing is not enough.