At Vienna Kang we understand that divorce and separation can be a highly emotional and a stressful time for our clients, so we aim to deal with our client’s matter in an amicable and pragmatic way.
As of the 6th April 2022 The Divorce, Dissolution and Separation Act 2020 introduced the “no fault” divorce in order for the process to be less confrontational and to enable the parties to make a joint application if they wish to do so.
We act for both Sole Applicants (formerly known as the Petitioner) and Respondents or Applicant 1 and Applicant 2 in a joint application in divorce proceedings, on a fixed fee basis.
There is only one ground for divorce and that is that the marriage has permanently broken down. If your divorce application was submitted prior to this date you relied upon 5 facts in order for your application to be successful.
There are three main stages to the divorce process, drafting and issuing of the divorce application, Conditional Order stage (Decree Nisi), and the Final Order stage (Decree Absolute).
Our specialist divorce solicitors will guide you through the divorce process and discuss which route suits your situation best in respect of making a sole or joint application.
Financial Aspect of the Divorce
Reaching a financial settlement with your spouse can often be one of the most difficult aspects of your divorce.
It is important to understand that the completion of your divorce does not bring an end to any financial claims which you or your partner may have against one another, unless you have a sealed Court order. You and your partner may not wish to have an agreement enforced upon you by the Court therefore, a Financial Consent Order could be drafted and submitted to the Courts also.
You can conduct financial negotiations prior to issuing the divorce application, alongside the divorce proceedings or once your divorce has been concluded.
If you do not resolve the financial aspect of the divorce, then you and your partner retain the right to make financial claims against each other, and their estates, at any point in the future.
When parents separate, we understand that trying to agree how often the children spend time with each parent, can be overwhelming.
Many parents can agree a contact schedule between themselves, and they can implement this into a parenting plan. However, this plan is not legally binding, and a Consent Order would be required.
In some circumstances, parents can attend mediation and then they are able to come to an agreement with an independent mediator present.
Sometimes, parents can instruct specialist child contact solicitors to negotiate a contact schedule on their behalf, which can then be drafted into an Agreed Child Arrangements Order.
In other circumstances, some parents cannot come to an agreement and they will need to issue Child Arrangement Proceedings at Court.
Our specialist family and divorce solicitors can provide you with legal advice over the telephone, Skype, Zoom or face to face at our offices in Solihull or Nuneaton.
Call our dedicated family law and divorce solicitors today on 0121 726 9116 (Solihull) or 02476 932 025 (Nuneaton).