A defended divorce is one where one party does not agree to the divorce. They may want to dispute the facts, or they may wish to file their own petition for legal dissolution.
It is an unfortunate aspect of English divorce law that some petitions require the placement of blame. This is contrary to Saracens Solicitors commitment to conflict-free divorce proceeding but it does still happen. If you are involved in a defended divorce, we have the expertise to ensure you get the result you want when we are acting as your divorce solicitor in London.
Avoiding a defended divorce
Contrary to what you might see in the media, defended divorces are rare. Disputes in divorce are normally related to arrangements around children, division of assets or other financial issues rather than the divorce itself.
If the grounds for divorce are 2 or 5 years of separation, proof of fault is not required and therefore cannot be disputed. In the case of desertion, adultery or unreasonable behaviour, blame needs to be placed.
It is often the facts of an accusation that are disputed rather than the divorce itself. If this is the case, Saracens Solicitors may encourage you to either adjust the petition to something the other party can agree to or wait for 2 or 5 years and then file again using a different reason.
Going to court
As your divorce solicitor in London, Saracens Solicitors can help you build a case to present to a court. We encourage you to explore all other options first of all as going to court can be costly and uncertain. You will be required to try mediation as a route for resolution before your case can be heard by a court except under exceptional circumstances.
Once it is clear that court proceedings must go ahead, Saracens Solicitors will guide you through the process when acting as your divorce solicitor in London. This includes the gathering of paperwork, scheduling court dates and keeping you informed about the timeline and likely costs involved. We understand that this process can be taxing emotionally and do everything we can to keep things running smoothly for you.