Financial and Legal Advice - Divorce

Divorce Law UK/Financial and Legal Advice

Why Work with a Divorce Lawyer

Published on November 17, 2014November 11, 2015

C&W LeeMarston — Lee Marston, Partner at Clough & Willis.

The doing away with Legal Aid has courted much controversy in the media, across the legal community and for those people who have been affected by its demise.

This has been coupled with a government sponsored push to drive compulsory Mediation Information Assessment Meetings (MIAMs) for those who are involved in a family dispute such as a divorce or a child custody case.

On the face of it, this is a typical – and sweeping – government tick-box exercise:

~ Cut the Legal Aid Bill? TICK

~ Push people towards taking up mediation in order to de-clutter the crowded court system? TICK

~ The only losers are the lawyers, so no public sympathy there? TICK

Well, no…. the reality isn’t the above as life isn’t as simple as the cosseted few who sit in the Westminster Village think it is.

In terms of non criminal or immigration Legal Aid work, the governments’ spend was small potatoes – especially as a significant sum was recovered by getting a charge on property or receiving back costs from cash recovered/ preserved by the assisted person.

In children cases this was not the norm; but, like in financial claims, the application for public funding was still subject to a merits and means test. That way, the deserving and vulnerable received help and could be represented.

Before an application can be made to court for a divorce or child custody case, clients are now required to attend a MIAM.

The aim of the meeting is to see if mediation could be used to resolve their difficulties, rather than going straight to court.

Despite MIAMs being compulsory, there has been a dramatic reduction in take up – mainly because clients have not seen a lawyer who can make them aware of their choices.

The government’s new approach and its focus on mediation assumes:

~ That every person in a relationship is equal in strength and knowledge

~ That there will be no problem establishing true disclosure for an informed decision

~ That there will be no problems agreeing the value of properties or shares

~ That there will be a reasonable approach to the financial need of the financially weaker party

~ That everyone knows the likely reaction of an existing mortgagee to a proposed agreement

~ That the implications of everyone tied to an existing mortgage are the same

~ That a mediator is someone who can give sound information as to the likely realms of a settlement

I would question every one of the above as I am increasingly coming across what I feel are under settled potential agreements. The fact of the matter is that people require the strength and expertise of a specialist family lawyer on their team.

Solicitors ensure full and frank disclosure and provide expert advice on settlement. By having that knowledge and experience on side, clients can make an informed decision; especially as all advice is tailored by a cost/ benefit analysis. That is, at each stage, comparing likely court imposed settlement to an offer made and balancing that with what further legal costs might be incurred.

Mediation can, of course, work if everyone involved is open, honest and trustworthy and as long as one party is not able to pressurise or browbeat the other.

However, the onus is now on the stretched Judiciary to mediate and impose its views, but this isn’t feasible due to the time it has available and the increasing number of litigants in person (an individual, company or organisation that is not represented in court by a solicitor or barrister) it deals with. These factors can result is many adjournments and it’s hard to be sure if there has been appropriate disclosure from both sides.

To sum up, divorces are extremely stressful and they can be further complicated when children are involved.

I passionately believe that clients shouldn’t go it alone as having a real person on their side who can guide them through the process, challenge where necessary and advise on their own set of circumstances will give them the best chance of securing a fair and just agreement.

www.clough-willis.co.uk

Lee Marston, became a partner in 2001 and heads up the Family Law team at Clough & Willis.

He is a Resolution Accredited Specialist in the financial side of divorce and children disputes. He was a founding member of the Family Law Panel in 2005 and has practised solely in Family Law for over fifteen years. He is particularly known for his vigour in pursuing his clients’ rights, especially when dealing with financial and parental issues.

Financial and Legal Advice

The Clean Break and Spousal Maintenance

Published on November 12, 2014January 11, 2019

Katie McCann Head of Family Law and in-house counsel at Kuits Solicitors — Katie McCann
Head of Family Law and in-house counsel at Kuits Solicitors

Divorce (Financial Provisions) Bill received its second reading in the House of Lords in June 2014.

One objective of the Bill, which was introduced by Baroness Deech, is to limit maintenance payments to three years by making changes to the Matrimonial Causes Act 1973.

Currently there is no such cap in place and Judges are free to make Joint Lives Maintenance Orders under which one ex-spouse must make periodical payments to the other for the whole of their lives (save certain defined terminating factors).

The logic behind the current law was explained by Lord Nicholls in White v White, where he stated, “There should be no bias in favour of the money earner and against the home-maker and the child carer.” [1]

During a marriage a couple may often decide that one spouse should give up their career in order to look after the home and family and therefore it is arguably unjust to prejudice them upon divorce by limiting their maintenance.

Baroness Deech however feels that the law is outdated in the sense that it is still attempting to put women in the position they would have been in had the marriage not ended. She believes that the primary aim of maintenance should be rehabilitative as opposed to permanent.

Across the pond it seems that the courts are taking a similar approach to Baroness Deech as they appear to be moving away from “permanent alimony”- the American equivalent of joint life maintenance.

American family lawyer Morghan Richardson explains that judges in the US often have little sympathy for women who have given up their jobs to care for their children- especially when these judges are women themselves, who have placed their own children in child care in order to enable them to progress their careers.[2]

There are certainly risks attached to the removal of joint lives maintenance orders.

spousal maintenance — It is arguably unjust to prejudice them upon divorce by limiting their maintenance.

Spouses who are happily married may be reluctant to become stay at home parents or home-makers in fear that having given up their careers they will not receive adequate maintenance in the event that they divorce.

Worse still, dependant spouses may feel that they have no choice but to stay in unhappy marriages due to the fear that they would not be able to support themselves if they divorce. There is also the possibility for children of the marriage who live with the supported ex-spouse to suffer as a result of maintenance payments being terminated.

Despite the potential consequences listed above it is clear that the law as it stands is arguably unjust to the bread winning ex-spouse. The objective when dealing with financial distribution upon divorce is to ensure that a fair outcome is achieved.

Commenting on this objective Baroness Hale explained that, “a fair division is an attempt to give each party an equal start on the road to independent living.”[3] There is certainly nothing “independent” about joint-lives maintenance.

There also exists the potential for the home-maker to abuse their position. This is due to the fact that an arrangement that may have been suitable whilst a couple were married is often no longer appropriate once the marriage has terminated.

Yet the law does not seem to acknowledge this and countless cases have been reported where home-makers have received joint life maintenance orders by citing that they are unable to get a job based on the fact that they did not work during the marriage and do not possess the necessary skills.

Not only does the current law seem to be fundamentally unfair to the payer whose future plans can be stymied by this type of order but it also seems to do a disservice to the payee. Whilst joint life maintenance may seem appealing surely there is nothing more empowering than working hard to become financially independent.

It is entirely understandable for an ex-spouse who did not have a career during their marriage to be apprehensive about entering the job market. Of course it would be inequitable to cut off a dependent ex-spouse immediately without allowing for a period of adjustment and Baroness Deech acknowledges this with her suggested allowance of a 3 year maintenance period. During this time a dependent ex-spouse would be able to prepare themselves to enter the working world so that they can eventually become financially independent.

Instead of concentrating on building a case why one should be entitled to joint life maintenance perhaps it would be more productive for dependent ex-spouses to request monies that could be used to fund further education or skills training so that they are more confident and equipped to enter the job market.

Commenting on Baroness Deech’s proposals Katie McCann, Head of Family at Kuits states, “The principle behind the proposals seems to be a shift towards a more pragmatic, sensible and fair viewpoint on maintenance. As long as there are sufficient checks and balances in place to ensure that no-one is left in a precarious financial position and certainly no children and prejudiced. After all, there has to be life after divorce and that principle should apply to both parties.”

Katie McCann is head of family law and in-house counsel at Kuits Solicitors in Manchester City Centre. She has a special interest in resolving high value relationship breakdown disputes.

[1] [2000] 2FLR 891

[2] http://www.forbes.com/sites/emmajohnson/2014/10/27/are-you-a-stay-at-home-mom-facing-divorce-dont-expect-alimony/

[3] Miller; McFarlane [2006] 2 FCR 213 at Para 144

Children of Divorce/Financial and Legal Advice

Divorce UK – Do Grandparents Have Rights?

Published on October 6, 2014September 14, 2019

Ann Corrigan founder of Clarity Family Law

When it comes to divorce in the UK, do grandparents have rights? If so what are they?

Having a close relationship with your grandchildren is one of the joys of growing older.

But even the closest relationship between grandparent and child can come to an abrupt end if the child’s parents get divorced and one parent decides to cut all contact with his or her in-laws.

Unfortunately, the grandparents, unless the child has been living with them for three years has no automatic right to see or have contact with their grandchildren under UK law.

This situation is one I often have to deal with and can leave grandparents and the children devastated.

The Grandparents’ Association estimates that more than 1 million children in the UK do not have contact with their grandparents.

So, is there anything the grandparents can do?

The first thing I’d say is that it’s always better to try and resolve the situation by appealing to the parent to allow you to see the children or to offer to take part in a mediation process.

A solution reached in this way is not only less expensive and quicker than a lengthy Court process, but likely to be far less disruptive for the family and especially the children involved, and cause less animosity for the future.

However, if this doesn’t work – there is another way.

Even though your rights as a grandparent are limited, you can apply for permission (or leave) to apply for a Child Arrangements Order.

Do Grandparents have Rights? — …more than 1 million children in the UK do not have contact with their grandparents

If permission is granted, you can then apply for an order. If either parent objects to this, though, you’ll have to attend a full hearing and will need expert legal representation.

During the hearing the Court will consider the following factors:

why the application is being made
how close you are to the child
whether there is any risk that the proposed contact could have any negative effect on the child’s wellbeing in any way.

You basically have to persuade the Court that you have a strong, ongoing and beneficial relationship with your grandchildren.

What is a Child Arrangements Order?

The Child Arrangements Order will set out whether the grandparents have been granted face-to-face visits or indirect contact, such as letters, video, text, Skype, e-mails and telephone calls.

I should say that the family Court does recognise how important it is for children to have contact with their grandparents and it is therefore not common for the Court to refuse a contact order unless there is a risk of harm to the children.

What if the parent does not obey the order?

Fortunately this doesn’t happen very often, but the Court can enforce an order if not obeyed by the child’s parents.

It’s always advisable to try to resolve any issues in an amicable way that is least disruptive to the child and to obtain legal advice at an early stage to ensure you don’t make matters worse.

When to face-to-face contact is not possible:

There are situations when the Court may only allow grandparents indirect contract and although this is obviously not ideal, it does at least offer you an opportunity to continue a relationship with your grandchildren.

In this situation, I always advise clients to try to establish a regular routine – for example getting in touch at the same time every week or month – so that the contact becomes a regular and expected part of the child’s life.

About Ann

Ann Corrigan is founder of Clarity Family Law, a specialist family law firm in Gerrards Cross, Buckinghamshire, offering discreet, expert advice on all aspects of divorce, including the division of high value assets, children disputes and issues surrounding unmarried families.

Follow Ann on Twitter – @ClarityFamily

Family Mediation/Financial and Legal Advice

Free Divorce Advice – What is Family Mediation?

Published on September 30, 2014January 7, 2022

Ann Corrigan founder of Clarity Family Law

When coping with divorce, we’re sure you could do with all the free divorce advice that you could need.

Here’s another question answered by Ann Corrigan of Clarity Family Law

I’ve heard of family mediation. What is it and how does it help in divorce?

With effect from April 2014 the government has made it compulsory for separating couples to attend an information and assessment meeting (MIAM) with an impartial mediator to see if the issues can be resolved without recourse to the court.

Mediators are trained to help resolve disputes over all issues faced by separating couples, or specific issues such as arrangements for any children. A mediator will meet with you and your partner together and will identify those issues you can’t agree on and help you to try and reach agreement.

Mediators are neutral and will not take sides, so they cannot give legal advice to either of you. They will usually recommend that you obtain legal advice alongside the mediation process and will guide you as to when this should happen; however, lawyer mediators (mediators who are also qualified family lawyers) will provide general legal information to both spouses within the mediation if this is appropriate.

Ann Corrigan is founder of Clarity Family Law, a specialist family law firm in Gerrards Cross, Buckinghamshire, offering discreet, expert advice on all aspects of divorce, including the division of high value assets, children disputes and issues surrounding unmarried families.

Follow Ann on Twitter – @ClarityFamily

Divorce Law UK/Financial and Legal Advice

Free Divorce Advice – Choosing a Solicitor

Published on September 26, 2014January 7, 2022

Another question answered by Ann Corrigan of Clarity Family Law.

There will be more to follow so keep a good look out.

How do go about choosing a solicitor – there are so many out there?

Don’t just opt for the first family lawyer you come across, shop around. Particularly if your case is not straightforward, look for a firm that specialises in family law – which means they only deal with family law matters and will be more experienced in dealing with these matters.

Once you’ve made that first appointment to see your solicitor, jot down a list of questions you have. Don’t be afraid if your questions seem trivial; family lawyers understand how difficult it is.

Solicitors have a duty at the beginning to give you an estimate of how long it will take and how much it will cost and also to keep you updated as the case proceeds. Make sure this happens.

Establish whether you have a rapport with the person. You’re going to spend a bit of time with the lawyer, particularly if the divorce goes to court, so ensure it’s someone who treats you with respect and empathy.

DIY divorce kits or online solutions may seem like a good idea, but beware these solutions may be offered by people who are not necessarily qualified to deal with your situation. Beware of sites that offer divorce documents at a charge as all divorce documents are available free of charge from your local court or the Court Service website.

Ann Corrigan is founder of Clarity Family Law, a specialist family law firm in Gerrards Cross, Buckinghamshire, offering discreet, expert advice on all aspects of divorce, including the division of high value assets, children disputes and issues surrounding unmarried families.

Follow Ann on Twitter – @ClarityFamily

Divorce Law UK/Financial and Legal Advice

Free Divorce Advice – Married Abroad Divorce UK?

Published on September 22, 2014January 7, 2022

We got married abroad, do we need to get divorced in the country we got married in?

No. Provided that the marriage ceremony was valid in the country in which it took place and that this is not disputed by your spouse; however, if your marriage certificate is in a foreign language, you will need to get it formally translated and provide a statement of truth or notarial certificate. The original marriage certificate and translation must be lodged at court when your petition is issued, and will not be returned to you.

I would like to start divorce proceedings but my husband doesn’t live in this country. Can I still go ahead?

Yes, as long as you satisfy the criteria that give jurisdiction to the Courts of England and Wales. These tests are based on habitual residence and/or domicile, although nationality can sometimes be relevant too in more complicated situations. Ask you solicitor about this at the earliest opportunity. You may have better alternatives bringing the proceedings in a different country.

Ann Corrigan is founder of Clarity Family Law Solicitors, a specialist family law firm based in Buckinghamshire but with a national and international presence. She is also a trained mediator and collaborative lawyer.

family law issues — Parents communicate better in mediation than they do in litigation

Divorce Law UK/Financial and Legal Advice

Is Collaborative Law Process Right for You? 10 Questions To Consider.

Published on September 9, 2014December 26, 2015

Austin Chessell www.thedivorcemagazine.co.uk — Austin Chessell

Collaborative law process is where the couple come together with their own collaborative lawyer and discuss matters fact to face.

There are no letters sent.

Each client instructs their own collaborative lawyer and they, the clients and the solicitors sign an agreement not to make an application to court. If no agreement is reached in the meetings then new lawyers must be instructed if the matter is to go to court.

Is collaborative law process the right one for you?

Here are your 10 questions:

Has the relationship totally broken down? If it has not you may want to consider couple counselling with an organisation like Relate to see if any communication difficulties or other matters that have arisen can be resolved without ending the relationship. To locate a couple counsellor or psychotherapist in your area you can refer to the counselling-directory.

Has an agreement been made as to how the finances can be divided and how the childcare arrangements will work e.g. during the week, weekends and over the holidays? If so, then consider working with a collaborative lawyer.

Would you prefer to decide what is going to happen to the family yourself or would you prefer for the Judge to make the decision for you? In my experience the separating couple knows what works for them. A judge will be provided with your background situation but what is ordered may not suit either of you.

How quickly do you want to resolve things between you? A court hearing can take around 6-8 weeks to get listed while Collaborative Law can work at a much quicker pace as you remain more or less in control of how the time is utilised.

Do you want to keep the discussions about the separation private?

Do you want the views of the children to play a part in the discussions? Some Collaborative professionals are trained to work with children. They need to have completed a direct consultation with children training, had a CRB check and obtain the written consent of both parents. If you go down the Court route it may be a CAFCASS officer who is appointed to work on the case and there can be several meetings which may not suit everyone’s schedule and it can take several weeks to receive the CAFCASS report.

There are legal issues to resolve but also one should not forget the emotional impact the separation can have. Do you want to address the emotional issues too? Collaborative practitioners can work with Family Consultants who can meet you before and take part in the joint meetings to ensure that any hopes and concerns are kept at the forefront of discussions while the Collaborative Solicitors look to aid you with the legal issues.

If an agreement is reached would you like to call on the opinion of a financial expert or barrister? This is possible in the collaborative process. It may be one client does not have the same financial or legal understanding as the other client and wants to meet a financial expert or barrister to ensure they are up to speed with what has been agreed and also discuss financial projections or legal implications for the future to check that what has been agreed will work in the long term.

Do you want to resolve everything out of court? This is possible with Collaborative Law. It is one of the main principles of this process that you will not make an application to court and if you do then your solicitor would need to stop acting for you. Court can encourage positional stances which may not achieve a good outcome for everyone.

Do you want to reality check what has been agreed with your former partner and ensure that it meets the needs of everyone? With children matters this can be important. Even though it may be agreed to separate and live in different households you are still going to need to liaise with each other for future childcare arrangements. Making sure what has been agreed will work can only aid building communication between you which is best for your child.

Do you want to reality check what has been agreed with your former partner and ensure that it meets the needs of everyone? With children matters this can be important. Even though it may be agreed to separate and live in different households you are still going to need to liaise with each other for future childcare arrangements. Making sure what has been agreed will work can only aid building communication between you which is best for your child.

The above should give you an indication if Collaborative Law may work and be the right process to follow for you and your former partner if you decide to separate. If you are unsure you can always speak to a Collaboratively trained Family Solicitor who can provide more details about how Collaborative Law works in practice.

Austin Chessell is a Professional Practice Consultant (PPC) at FAMIA across Inner and Greater London.

Austin is also a Collaborative Family Solicitor at Feltons Solicitors and is a member of the Collaborative Pod group Essex Family Solutions.

Email: achessell@feltonssolicitors.co.uk

Twitter: @FamilyLawLondon

Coping with Divorce/Divorce News/Financial and Legal Advice

Divorce Facts and Divorce Myths Debunked

Published on September 8, 2014January 10, 2015

Fabulously informative infographic from Manchester based solicitors Davis Blank Furniss looking at divorce facts and myths.

Please feel free to share and help debunk them for your friends, clients and family.

Looking at such topics as:

Co-habitation. Do long term co-habitating couples have the same rights in divorce as those who are married?

The person to blame for the breakdown of the marriage will get a reduced share of the assests.

What about the assets that in my sole name, do they belong to him too?

To whom does the debt belong to?

Divorce Law UK/Financial and Legal Advice

Is an Online Divorce Right for You?

Published on September 1, 2014April 11, 2018

Online Divorces — Jay Williams
From
Quickie Divorce

In April 2013, individuals that were seeking to divorce their husband or wife were no longer entitled to legal aid (unless they had been the victim of domestic abuse) irrespective of their financial circumstances.

As a result of this, companies offering online divorce have received an ever increasing amount of attention and have also experienced an upturn in business. Why?

To put it simply, an online divorce is significantly cheaper than one performed by a solicitor.

But does this mean that it is the right way for you to proceed?

Firstly, online divorce providers are not solicitors.

This means that they cannot provide legal advice. Yes, we understand the divorce process, know how to prepare the necessary documents and can answer questions of fact, but we cannot negotiate a settlement with your spouse, nor can we advise you on whether or not an agreement that the two of you have reached – in principal – is fair.

Oh, and if you don’t both consent to the divorce then, sorry, but an online divorce is definitely not for you – we can only help if you’re both in agreement.

Generally speaking, an online divorce is appropriate when

a) both you and your spouse want the divorce (as discussed above)

b) when there is no dispute over assets (properties, savings, etc.)

c) you are able to agree on whom your children will live with and how often the non-resident parent will be able to see them, whether or not they will stay with them, and so on.

You may hear solicitors say that you should only pursue an online divorce when there are no children involved, no significant assets to divide and when you have only been married for a short period of time, but this is not the case.

The length of the marriage is not relevant at all and an online divorce is not appropriate if you and your spouse cannot agree on how to divide your assets or new childcare arrangements only.

That said it is in no way advisable that you and your spouse agree on how to divide your assets without having sought some legal advice.

More important, though, is that you do not to agree to something purely because you’re tired of negotiating or in order to save money. Remember that this settlement may be required to pay the deposit on a new property, survive on a reduced income and much more.

If you are in any way displeased with a proposed settlement or are concerned that it will not meet your needs, then it is highly advisable that you instruct a solicitor. The same applies if you are unable to reach agreements with regards to any children that may be involved.

It is, of course, natural to save money whenever possible, but whilst I believe that online divorce providers offer an outstanding product, it is often vital that those going through a divorce seek the advice of a solicitor in order to ensure that they are not left regretting their decision in the long run.

If you and your spouse are in agreement, are amicable and are both happy with your agreements, though, then an online divorce may indeed be an economical and quick way to end your marriage.

Jay Williams

Divorce and Finances/Financial and Legal Advice

Filing for Divorce – 3 Top Financial Tips

Published on June 30, 2014November 8, 2018

Suzy Miller interviews David Martin and Suzanne Craig of Knill James Accountants on 3 top financial tips when filing for a divorce.

Filing for Divorce – Financial Tip 1

Be organised

Where are the bank accounts? Where are all the bank statements – are they only online and how can you access them if you’re not the spouse in charge of the finances?

Don’t forget that if you are feeling uncomfortable about talking to your ex-partner about where the relevant financial information is kept, whilst gathering what you need in order to complete the Form E (also known as the Financial Statement – download it here), then no need to fear – your accountants can make those phone calls on your behalf.

Filing for Divorce – Financial Tip 2

Visit an accountant early as possible

Please don’t turn up 3 days before a Form E needs to be submitted, and make your accountants’ lives hell!

They want to do a really thorough job and it is going to be in your interests if the financial information you submit is as comprehensive and accurate as possible. Don’t bury your head in the sand. Drop the kids at the school gates and get that meeting with an accountant organised as early as possible.

Filing for Divorce – Financial Tip 3

Business valuations take time!

Business valuations take some time to complete, so seeing an accountant early is wise. Don’t leave it all to the last minute. Also make sure that the accountant you use has the expertise and the experience to provide a thorough business valuation.

Interview by Suzy Miller of The Alternative Divorce Guide

Please go to your post editor > Post Settings > Post Formats tab below your editor to enter video URL.

Divorce Law UK/Divorce Videos and Interviews/Financial and Legal Advice

Prenuptial Agreements Uk

Published on June 11, 2014November 28, 2017

Soila and Austin Chessell discuss prenuptial agreements UK here.

Why have a prenuptial agreement?

What is a prenup?

Is a prenup legally binding?

When will a prenup not be upheld?

What is a post-nup?

Can you sign an pre-nup agreement after the wedding?

Can you do a DIY pre-nup?

What if a pre-nup is not fair? Can it be upheld?

Is there a standard prenuptial agreement form?

How important are prenuptial agreements?

Soila is the founder of The Divorce Magazine and creator of the online course – Helping Children Cope with Divorce

She is known for taking away the pain of trauma and loss in children, adolescents and their families and is the author of “When Love is Broken. A read-together book for children and parents going through divorce and separation.

Soila holds an MSc in Psychoanalytic Developmental Psychology from UCL (University College London), is an accredited Positive Parenting Program (Triple P) practitioner and a trained Family Mediator.

Soila is Graduate Member of the British Psychological Society.

You can contact her on 07850 85 60 66 or via email soila@thedivorcemagazine.co.uk

lost marriage certificate — Courtesy of Robert Williams

Divorce Law UK/Divorce News/Financial and Legal Advice

Lost your Marriage Certificate?

Published on June 3, 2014March 16, 2017

Sheata Karim Grayfords Family Law — Sheata Karim
Grayfords Family Law

Do you want a divorce but have lost your marriage certificate? Don’t fear; read on to find out what you can do if you find yourself in this stressful situation.

If you are going through a divorce you will be asked to supply your marriage certificate to the court. It is important that you supply this document so that the divorce can be processed officially and legally.

However, many clients do find that they have misplaced their marriage certificate over time and often ask if it is necessary to provide it – unfortunately, it is.

Read on to find out why providing a marriage certificate is important and how you can get another copy if you have misplaced it.

Why does the court need your lost marriage certificate?

Your marriage certificate needs to be supplied to the court along with the papers for divorce that have normally been prepared by your solicitor (called the petition), so that the court has an official record of the marriage.

Once your divorce is granted, the court will keep the original marriage certificate and issue you with a Decree Absolute which is proof of your divorce. It is important that you keep this document safe as you will need it if you ever wish to marry again – as well as for some tax and pension purposes.

The Decree Absolute is a formal record that you were married, to whom, when and where the marriage took place, as well as that the marriage was ended legally by the court.

What to do if you have lost your marriage certificate?

Don’t worry! This is not something that will derail the whole process. Many clients find that after a long marriage, or even a couple of house moves, that their marriage certificate is hard to locate.

However, you can apply for a replacement marriage certificate from the General Register Office (GRO) to proceed with a divorce.

How do I get a replacement?

You can apply to the General Register Office for a replacement marriage certificate, which will cost £9.25. There is also a Priority Service with next working day delivery for £23.40 – ideal for those who wish to get the process sorted quickly.

The General Register Office can also supply you with copies of birth, death, adoption and civil partnership certificates.

Be aware that the process for obtaining a copy of your marriage certificate is slightly different in Scotland and Northern Ireland. Information regarding the Scottish procedure can be found here, and the Northern Irish process can be found here.

You may want to read this article too – Can I get Divorced without my Lost Marriage Certificate UK?

About the Sheata

Sheata Karim is the Principal Solicitor and Founder of Grayfords, a family law firm based in central London.

After over a decade of working in family and niche law firms, Sheata used her expertise and specialist knowledge to start her own practice.

Sheata created her own firm so that she could instil her values of client care and satisfaction into every area of the business. Her motto is to envisage yourself in the perfect future, and that is what she will help you achieve.

With experience in all areas of English and international family law – including divorce, financial issues and child matters – Sheata really is an expert in her field.

www.grayfords.co.uk

Because so much is riding on your divorce

Financial and Legal Advice - Page 15

Why Work with a Divorce Lawyer

The Clean Break and Spousal Maintenance