Although a divorce is not the most convenient situation in the life of a person, when it happens, one should find the most suitable way to resolve the issue. Our divorce solicitors in Manchester have the necessary expertise in this branch of law and have assisted multiple couples in ending their marriage.
If you are considering getting a divorce in Manchester, you may need to consider numerous aspects, depending on your particular situation.
| Quick Facts | |
|---|---|
| Divorce law | Divorce, Dissolution and Separation Act 2020 (the ‘DDSA’), applicable since April 6, 2022. |
|
The main amendment of the law |
There is only one type of divorce now – the no-fault divorce (under the new law, the initiation of a divorce no longer requires a motive for the separation of the spouses). |
|
Insitutions where divorces can be held |
Local courts |
| Initiation of the divorce procedure | Divorce application, initiated by one of the spouses or by both spouses, followed by a 26 weeks period in which the parties have the possibility to re-think their position concerning the divorce. |
| Can Manchester institutions handle foreigners’ marriages? (yes/no) |
Yes |
| Situations when local courts can dissolve foreigner’s marriages |
Foreigners can divorce in Manchester if one or both of them live there or if they have connections to this city (previously lived here). |
| Financial obligations of a spouse after the divorce |
Child maintenance and spouse maintainance (a spouse can be entitled to the other spouse’s half pension entitlements). |
| Maintainance rights and obligations |
They are established based on the duration of the marriage and the types of assets the spouses have at the moment when they decide to divorce (property, pensions, savings). |
| What are the leagal reasons for divorcing? |
Following the 2020 law, a spouse or both spouses do not have to provide any reasons for the divorce, outside of the fact that they consider the marriage has broken down (the no fault divorce). |
| Types of custody |
– physical custody (sole or joint physical custody – it refers to where the child lives), legal custody (sole custody, joint custody), – full custody (it implies that one parent receives almost all the rights regarding the children, but the other parent can still have visiting rights and other limited participation in the children’s life), – joint custody (which can be physical and legal) |
| Alimony obligations |
Alimony is established based on the number of children, the income of the parents, the financial and property situation of the parents. Our divorce solicitors in Manchester can present the regulations on this matter. |
| Division of assets |
The assets obtained during the marriage are divided during the divorce, but this can vary based on the situation of the couple. |
| Mandatory legal representation (yes/no) |
Yes, even though the rules for divorcing have been simplified, you will still need the services of our divorce solicitors in Manchester. |
| Services offered by our lawyers when divorcing in Manchester |
Our divorce solicitors in Manchester can prepare the documentation required for the divorce, represent clients in front of the court, help in legal matters such as division of assets, child custody, child maintainance, etc. |
| Minimum period of marriage before requesting a divorce | 1 year of marriage |
You should take into consideration the division of the assets, the custody of the children, the parental rights the non-custodian parent will have and similar aspects. A divorce can last for an extended period of time, especially when the parties do not agree on the terms of the separation.
In this case, our divorce solicitors in Manchester will make sure that your interests are best represented and our team can also represent those who have entered into a civil partnership and want to end it. We understand that this can be a very challenging period for both spouses and we will try our best to handle each case with care, especially where minor children are involved.
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Preliminary meeting with our divorce solicitors in Manchester
Our Manchester solicitors are able to provide a wide range of services to those who have decided to get a divorce. First, our team of lawyers will try to determine the legal situation of the couple.
In order to enter a divorce procedure here, the lawyers will need to determine whether the couple is eligible to get a divorce. In the UK, couples can file for divorce if they have been legally married for at least 12 months (or have been in a civil partnership for at least 12 months).
However, in serious cases, where the physical or moral integrity of a person is at risk, the divorce proceedings can start earlier. Still, in the cases where this does not apply, the couple can file for the annulment of the marriage or for judicial separation, which is a procedure similar to the divorce, but which can be reversed at any time.
If the parties are eligible for a divorce from a legal point of view, then our divorce solicitors in Manchester will establish a meeting with the couple or with the party who wants to file for divorce.
Our lawyer in Manchester will ask personal information on the current situation of the family – if there are any children, what common assets the couple has, the financial situation of each party, the date at which the couple separated and other similar matters, with the purpose of establishing the coordinates of the case.
Our divorce solicitors in Manchester will also verify if the spouses can reach the divorce through negotiation (if they have a good relation) or if the case will need to be addressed in front of court, which will rule the case as per the legislation applicable in the field.
What are the steps for a divorce in Manchester, UK?
If you plan to divorce, the first thing that you must take care of is to address a team of divorce lawyers in Manchester, who can tell you what you should do next and what documents you have to prepare. Obtaining legal advice in the initial phase is of crucial importance for the outcome of the divorce, especially in the situation where the parties will not file for an amicable procedure.
The lawyers will hear your testimony and will present which the most likely outcome of the procedure can be, based on the particularities of the case (common assets, financial situation of each spouse, the custody of the children and so on).
Based on your testimony, our team will tell whether you can actually file for divorce or not (at the beginning of the article we have presented the main conditions you must fulfill).
An important matter that will be discussed once our lawyer in Manchester determines that you can divorce is the arrangements related to the custody of the children and of the assets. This has to be done prior to actually filing for divorce, as, when the parties address the court, such matters have to be clearly stated in the divorce file.
No-fault divorce in Manchester
Please know that the legislation has been recently modified (in 2022) and the main modification brought by the new law is that spouses filing for divorce are no longer required to provide a reason for which they want to divorce. This is known as no-fault divorce, and its purpose is to not assign any blame on either spouses, thus increasing the chances of completing the procedure in a more peaceful way.
Some of the highlights of the new legislation are:
- the new procedures are completed as per the rules of the Divorce, Dissolution and Separation Act 2020;
- the legislation became applicable starting with 6th of June 2022;
- under the new law, the 5 main reasons for initiating a divorce have been abolished;
- once the application for divorce is submitted, competent authorities will verify it and if it meets the necessary requirement, the court will issue an acknowledgement of service, to which the other party must respond in a period of 14 days.
Is it still necessary to hire a lawyer in Manchester for a no-fault divorce?
If you want to divorce without invoking any legal ground for the separation, it is understood that the divorce will take place in amicable conditions. Considering this, it may seem that the participation of our Manchester solicitors is no longer required, given that neither of the parties need to be defended against the other.
However, even in an amicable context, the participation of a lawyer in Manchester is always recommended, because the divorce procedure is not a simple formality, and it involves many steps, rules and procedures. These can refer to all the aspects that must be settled according to the law, and they include child custody, the separation of assets and many others.
Out-of-court divorce formalities
In the situation in which the spouses can agree on these two important matters – child custody and any other arrangements related to children, and also the division of assets, the divorce can take place out-of-court.
Here, our lawyer will have to know your personal wishes concerning the place where the child (or children) will live, the time that they can spend with the other parent and the manner in which the parents will contribute to the financial wellbeing of the child.
Our divorce lawyers in Manchester will also determine the type of custody that can be applied to a particular case (this can be influenced on whether the parties agree to the terms of the divorce, but also on the financial resources of the parents, the place where they will live and so on). The custody will also influence the terms for the alimony.
The spouses can agree from the beginning of the procedure, or they can come to the same conclusion during mediation, which is a procedure through which the parties can negotiate in an amicable manner as many terms of the case as possible. However, in the case in which this procedure fails to reach a conclusion, the spouses can address the case to the court.
Divorce costs to consider
Provided that the divorce will be handled through the court, the overall cost of the proceedings will increase, as well as the time required to close the case. This is because all cases that end up in court are cases in which the parties do not agree on matters concerning child custody, the value of the alimony, the way the assets are divided, etc.
All these will create disputes among the former spouses and, each party, through its divorce lawyers in Manchester, will try to come with evidence as to why the respective divorce terms are not acceptable.
Regardless of the way in which the divorce will be handled, after establishing the main wishes (whether they are agreed upon by both partners or not), one or both parties will have to initiate the divorce procedure, and this can be done online or by post.
File for divorce in Manchester
For this, you must file your marriage certificate (in original or certified version), along with personal data of the spouse (name, address) and information on the name change after the marriage (where applicable).
You must also pay a fee of GBP 593 when you file for divorce and you must be aware that you can obtain legal aid if you do not afford to pay the divorce fee by yourself. Our Manchester solicitors can present the procedure that you must follow in order to obtain full or partial financial assistance; please mind that this can happen as long as if you are in a low income situation.
While you are under the divorce formalities and the procedure has not been finalized, please mind that you are allowed to live in the matrimonial home. This can be done as long as there isn’t any potential danger for your physical integrity, even though the respective property belongs, from a legal point of view, only to the spouse that you will be divorcing.
However, you are not entitled to this right if the property is owned by your spouse along with another third party, let’s say, one of the parents of the spouse. In the case in which the spouse is the sole owner, you will have the right to live there until the divorce procedure is finalized.
Please mind that even though the spouse is the sole owner of the property, if the person tries to make you leave the property while the divorce has not been yet concluded, you can take legal action against the spouse. We invite you to request more information on how you can do this from our team of divorce lawyers in Manchester.
Foreigners divorcing in Manchester
We also mention that if you are a foreigner who lives in Manchester under a visa, special circumstances can apply during the dissolution of a marriage. The worst case scenario is that you can lose the visa after the divorce decision has been issued.
However, we mention that this can happen only in the case in which you have arrived here under a partner visa, as a dependent of the partner/spouse who is a UK resident/citizen. In order to avoid this, you can apply for a different visa, suitable for any of your other possible circumstances (example: apply for a work visa, provided that you meet the eligibility criteria).
Considering that this is a sensible matter, the advice of legal professionals is always recommended, therefore it is advisable to address a Manchester law firm specialized in family law and/or immigration.
Please address our divorce solicitors in Manchester if you are considering entering the divorce procedure. Our team can offer top consultancy services and can advise you on various proceedings that can take place in this case, such as mediation, arbitration or litigation.
How many divorces are filed in the UK?
The divorce rate in the UK fluctuated over the decades. Currently, British citizens have the option to form a civil partnership, which is similar with being married. At the same time, the UK laws recognizes same-sex marriages, so nowadays the statistics on marriages and divorces tend to be different than several decades ago. With regards to divorces in the UK, we present the following:
- in 2012, there was a record high number of divorces, accounting for 153,490 cases;
- since then, the rate has continuously decreased and the latest data, analyzing the situation for 2018, showed only 90,871 divorces (as per the data provided by the National Office for Statistics);
- the number of divorces maintained their decreasing trend, marking 80,057 divorces in 2022 (which is also the lowest number registered since 1971);
- in 2022, there were 7,494 divorces granted under the new regulations of the Divorce, Dissolution and Separation Act, as well as 54 dissolutions;
- under the new law, it was observed that 28.8% of the divorces were done under a joint application.
If you need legal representation, our divorce solicitors in Manchester can help you in your case and can provide in-depth information on the legal steps that will take place during this procedure, based on the particularities of the situation. If there are children involved, our lawyer in Manchester will provide in-depth information on the rights the child is entitled to and the benefits that must be assured.
Other legal services for clients in Manchester
We invite you to address our lawyers for other legal matters that can concern an individual who lives in Manchester or who wants to relocate to Manchester. For those who want to move here, our immigration lawyers in Manchester can be contacted for advice on the visas and permits regulations currently applicable. The law on immigration in the UK has been modified since the UK exited the EU.
As a consequence of this, EU citizens do not benefit from the right of free movement in the UK, which implies that EU citizens are now required to comply with more complex legal procedures. This applies to all aspects of life, including employment.
If you want to work in the UK, we invite you to address our employment lawyers in Manchester for legal advice on the new regulations applicable to EU nationals.
Our solicitors in Manchester city centre can provide legal advice on any new rules EU citizens must now comply with. Please contact us if you want to relocate here on a long-term basis and our lawyers can present the steps you have to follow, the documents you must prepare, as well as the fees you may be required to pay in certain situations (for visa formalities, visa fees can be applied).
