solicitors

Our divorce solicitors aim to guide you through the process with compassion and sensitivity

Deciding to separate is a difficult and stressful step to take, irrespective of the reason for coming to that decision. We in the Mogers Drewett Family team are here to guide you through the process with the sensitivity and compassion that our staff are known for, but without legal jargon.  From experience, the divorce proceedings process requires attention to detail, and knowledge of the different stages. We are able to provide either a comprehensive full service or just support and guidance.

Our family team will outline your options if you feel your relationship is irreconcilable

If you are of the view that your relationship has irretrievably broken down, and there is no chance of reconciliation then we would be happy to assist you from start to finish, or provide guidance and support through the process of divorce.

It can be difficult to conclude that your relationship is irreconcilable. If that is the case then we can offer you guidance as to various options that are available to you. We have long standing relationships with Counsellors and Therapists throughout the South West. We will assist you in selecting the appropriate service that will suit you and your needs.

Ranked and recognised in the legal directories

Compact and experienced team which regularly acts for high net worth individuals across the South West, and is increasingly active advising on international family cases. Highly thought of for its work on financial remedy matters together with related tax and pension issues. Also handles private children matters, including child and parental alienation cases.
Chambers & Partners 2018

Mogers Drewett LLP’s team is led by Victoria Strode, who handles a broad range of family matters, and specialises in financial matters involving agricultural and farming disputes. Collaborative practitioner Rebecca Silcock has strong expertise in financial disputes, particularly those involving businesses, pensions and trusts. The team also assists on pre-nuptial and cohabitation agreements and has experience of advising on private children law matters including removal from the jurisdiction, residence and contact issues.
Legal 500 2017

Advice on divorce and all other areas of your life that may be affected  

If you require legal advice with regard to issues pertaining to your children, finances or business matters, please be assured that we can assist and work closely with other specialist lawyers across the firm’s private client and commercial teams.

Next steps

If you require guidance with your divorce, please get in touch with our family team for a no obligations conversation, or alternatively make an appointment to meet with a member of our team. You can speak to us on 0800 533 5349 or reach us on email at enquiries@mogersdrewett.com.

Frequently asked questions

If your relationship is irreconcilable we can assist you in completing the application and filing for divorce. Whilst the process is not the preserve of lawyers, there are pitfalls and hurdles that need to be overcome. Most divorces are a paper exercise. Parties are not required to attend court, but the paper work needs to be accurate and the appropriate law applied. Our commitment whether we offer a complete service, or support through the process is to ensure that the pitfalls which exist are avoided, the process being completed in a timely manner, negating delay or a possible rejection of the application by the court.

A Divorce petition can only be filed on the basis that the marriage has irretrievable broken down.

The breakdown is in relation to one of the five factors.

  1. Unreasonable behaviour
  2. Adultery
  3. Two years separation by consent
  4. Five years separation without the consent of the other party
  5. Desertion

Each factor has a specific test in law which we can advise you upon.

If both sides are in agreement to the reasons for divorce and the court accepts these reasons the divorce will generally take a minimum of four months, although the average is nearer six months. The precise length varies from area-to-area and court-to-court.

When a divorce petition has been finalised, it is filed at court together with your marriage certificate and court fee (currently £550.00). The paper work is checked by the court staff for its accuracy and might be rejected at this stage.

If correct, the papers are served on the respondent who will then need to file a document called an acknowledgment of service. This document acknowledges receipt of the petition and acceptance of the grounds for divorce.

It is possible for a respondent to indicate an intention to defend the divorce proceedings in the acknowledgment of service, but defended divorce proceedings are rare. If you have been served with a petition and you wish to defend the petition then we can advise you in that regard.

If there is not an intention to defend the proceedings, the petitioner will be able to apply for the first stage of the two-part divorce order, called the decree nisi. An application will need to be made, supported with a statement. It is only once this process has been completed will the application be placed before the judge. The application might be rejected for various reasons at this stage. If you have had an application rejected or you are required to file additional information such as an amended petition then we can help you prepare the same.

Once six weeks and one day have elapsed from the day decree nisi was given, you will be able to apply for the final decree of divorce, decree absolute. This application will bring the marriage to an end and the divorce is complete.

Negotiations in relation to financial arrangements are separate to the divorce process and can take place any time before, during or after the divorce. It is sometimes advisable to avoid finalising the divorce until financial arrangements have been resolved and recorded in a Consent Order. We can offer guidance in relation to the settling of finances between you. For further information click here.


Do you have any other questions? Please get in touch with us on 0800 533 5349 or email at enquiries@mogersdrewett.com.

Meet the team

Victoria Strode
Victoria Strode
Head of Department & Associate Solicitor
Simon Walker
Simon Walker
Associate
Elizabeth Dowler
Elizabeth Dowler
Solicitor

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