The Government has recently stated it has no plans to introduce a “no fault” divorce, despite lots of public pressure to change the Law. Many clients are surprised to learn that it is not as simple as asking for a divorce and being granted one. There is only one ground for divorce which is that the marriage has broken down irretrievably. You are then required to rely upon one of five facts in support, namely adultery, unreasonable behaviour, desertion, two years separation with consent or five years separation. In the case of civil partnerships, adultery isn’t available as a fact to rely upon.

We often see clients who have been separated and who want to get divorced but they cannot find a suitable fact to rely upon. There may have been no adultery or unreasonable behaviour and the couple have simply drifted apart. In those circumstances they have to wait until they have been separated for two years (if both parties agree to the divorce) or five years if their spouse won’t agree. This can be frustrating for clients. So why does the Government not introduce a “no fault” divorce?

The Government has said that they have no current plans to change the laws around divorce but they are looking at ways in which the family justice system can be improved. Resolution, an organisation promoting the resolution of family matters in an amicable way, has conducted research of its members which shows that 9 out of 10 family law solicitors support a no fault divorce. The Burd Ward family team are members of Resolution and we also support a no fault divorce being introduced. It is frustrating that at present there doesn’t appear to be any changes to divorce law on the horizon. Whilst Divorce isn’t something that should be entered into lightly, sometimes when couples have decided that they need to separate and want to do it amicably, it is unfortunate that they have to list their grounds for Divorce on paper. It would help separating couples deal with matters much more amicably if they were able to agree to a Divorce without having to wait 2 years.

If you are considering separating or starting divorce proceedings, it is well worth taking legal advice before you take any steps. At Burd Ward we offer a fixed fee of £350 + VAT and disbursements for handling your divorce. There is a Court fee of £550 to pay however depending on your income you may be eligible for some relief from this. We can assist you to fill in a fee remission form which can be sent to the Court who will then assess whether you have to pay all, some or none of the Court fee.

Using a solicitor to handle your divorce gives you peace of mind to ensure that your divorce progresses as smoothly as possible. There are often issues around finances and children upon separation and our experienced family team and are able to advise and represent you through those aspects of a separation. We are committed to trying to help you resolve your divorce amicably where possible, including the issues relating to your children and your finances. Sometimes, an amicable settlement isn’t able to happen and we will provide you with robust legal advice to guide you along the way and to protect your interests. Your case will be directly handled by one of our Solicitors giving you expert advice and guidance throughout.

If you would like more information regarding divorce proceedings please contact our family team of experienced solicitors John Burd, Victoria Syvret and Laura Prysor-Jones on 0151 639 8273 or email lpj@burdward.co.uk.

If you would like some initial guidance and advice regarding divorce or any other family matter, we offer an initial consultation with our solicitors for £60. Contact the office to make an appointment.

Burd Ward are pleased to welcome Jenna Ellison to our expanding Family Law team. Jenna finished her Training contract to qualify as a Solicitor at the end of June 2016. Jenna graduated from Liverpool John Moores University in 2012 obtaining a law degree and a post graduate diploma in Legal Practice.

Jenna joins Burd Ward from The National Youth Advocacy Service (NYAS) who are a UK charity providing socio-legal services offering information, advice, advocacy and legal representation to children, young people and vulnerable adults. During her time at NYAS Jenna worked within the Legal Department and represented many children in both public and private law proceedings. Jenna has also assisted children making their own applications for contact with their siblings and provided assistance to children who are subject to care plans and special guardianship orders. Further to this Jenna has assisted young parents at pre proceedings meetings and assisted other young parents finding mother and baby units across England and Wales in order for them to be able to remain as a family unit. During her time as NYAS Jenna also worked as a Contact Facilitator within the contact centre and worked with families offerings supervised and supported sessions for children with non-resident parents, siblings and grandparents.

Jenna brings this wealth of experience and knowledge to the Family department and during the last year whilst she has completed her training at Burd Ward she has been able to represent both males and females who have been victims of domestic violence and has supported them obtaining orders to protect not only their own safety, but that of their children and home. Jenna works closely with the Family Safety Unit and the Refuges to be able to deal with these issues sensitively and effectively.

Jenna is also experienced in dealing with Private law proceedings where residence and contact have been an issue for parents, Jenna’s experience representing children have allowed her to assist both parents come to a child focused arrangement. Jenna has also had experience acting for both Fathers and Mothers when children have not been returned and offers an approach that is timely and professional.

Since joining Burd Ward Jenna has also gained an understanding of other family law matters such as divorce, wills and Lasting Power of Attorneys. Jenna has also worked alongside the Housing department and can assist clients on possession and eviction proceedings.

Jenna is a member of the committee in the Women Lawyers Division Merseyside and is also school Governor at the Emslie Morgan Academy

Jenna is also currently working with local Charity Brightside and offers a legal drop in Clinic for anyone requiring legal assistance with any family matter. Contact Jenna directly on 0151 639 8273 or at je@burdward.co.uk.

One of the most common concerns clients have when getting divorced is how much it is going to cost them. At Burd Ward we aim to provide fixed fee services where possible so that client’s know exactly how much their case is going to cost.

In divorce proceedings the major cost that clients have to pay is the Court fee. The Ministry of Justice increased the Court fee for issuing a divorce petition from £410 to £550. This is despite the fact that the work the Court carries out on a divorce file only costs them £270! It seems that the Ministry of Justice is profiting from divorcing parties at a time when they are vulnerable. Thankfully they decided not to pursue their original proposal which was to increase the fee to £750 however we consider the increase to £550 to still be too high.

There is hope however for those hoping to obtain a divorce. The Justice Select Committee has recently called for the increase in the divorce petition fee to be rescinded. They concluded that it was “unjustified” for the Courts to charge people double what it costs them to provide the service. We at Burd Ward wholeheartedly support the recommendations of the Justice Select Committee and hope that the Ministry of Justice will stop “taxing” people to obtain a divorce.

If you are thinking of getting divorced then we can help you. Our fees for straightforward divorce proceedings are £350+VAT. As stated above, there is also the Court fee of £550 to pay however depending on your income you may be eligible for fee remission which would mean you don’t have to pay some or all of this fee. We will be happy to assist you with your application for fee remission as part of our service to you.

If you would like more information regarding divorce proceedings please contact Laura Prysor-Jones on 0151 639 8273.