Maidenhead Advertiser

What is the true cost of using a cheaper alternativ­e?

28 identical divorce petitions from online company dismissed by the court

-

As solicitors we often get asked why our fees are higher than some online services that claim to help petitioner­s draft a divorce

SHWLWLRQ IRU D VPDOO ࡼ[HG IHH

We appreciate that divorce and the dissolutio­n of a civil partnershi­p can be an

H[SHQVLYH SURFHVV HVSHFLDOO\

as the divorce Court fee has

LQFUHDVHG IURP e WR e

Our response to this question is that most solicitors are specialise­d which means we only advise

LQ RQH RU WZR DUHDV RI ODZ

This increases our knowledge

DQG DUHD RI H[SHUWLVH ZKLFK

can in turn reduce time and

VWUHVV LQ DFKLHYLQJ D VROXWLRQ

With a deeper knowledge of case law, we can navigate to Court proceeding­s and anticipate what a judge may or may not order before a

KHDULQJ ,I UHTXLUHG ZH FDQ

begin strategisi­ng from an early stage – family decisions are based on case and statute

ODZ DV VXFK ZH FDQ RಀHU

tailored advice to ensure that your divorce petition can proceed and be accepted by

WKH &RXUW

A recent High Court case has highlighte­d the risks associated with using

FKHDSHU DOWHUQDWLY­HV ,Q

Re Yorston and others (Matrimonia­l Causes Act 1973: Improper Petitions) [2021] EWFC 80, the Court had to consider 28 divorce petitions that contained identical particular­s of claims relying

RQ ȅXQUHDVRQD­EOH EHKDYLRXUȆ

The 28 clients had all used the same service

SURYLGH E\ L'LYRUFHV ,W ZDV

establishe­d that iDivorces had sent out standard workings to each client rather than

VSHFLࡼF ZRUNLQJV UHODWLQJ WR WKH FOLHQWȆV GLYRUFH FDVH ,Q WKH VWDQGDUG ZRUNLQJV

iDivorces simply asked the

FOLHQW WR FRQࡼUP LI DQ\ RI

WKH GHWDLOV ZHUH LQFRUUHFW

7KLV UHVXOWHG LQ GLಀHUHQW

divorce petitions being sent to the court, each one relying on the same facts in relation to

EHKDYLRXU

The High Court held that these petitions were improper and each petitioner must provide their own reasons for relying on the fact

RI EHKDYLRXU 7KH UHDVRQV

relied on must be true and the behaviour cited must

KDYH RFFXUUHG 7KH UHVXOW ZDV

that these divorce petitions were dismissed, delaying the divorce process for all 28 clients, causing further stress,

WLPH DQG FRVW WR HDFK SDUW\

The current divorce process states that there is one ground for divorce and this is irretrieva­ble

EUHDNGRZQ RI PDUULDJH $V

the petitioner, you will need

WR UHO\ RQ RQH RI ࡼYH IDFWV WR

show that the marriage has irretrieva­bly broken down,

these are:

1. One party has acted so unreasonab­ly that the RWKHU FDQQRW EH H[SHFWHG to live with them;

2. One party has committed adultery (although this fact cannot be relied on when dissolving a civil partnershi­p);

3. The 2 years’ separation with consent of the party;

4. 5 years’ separation;

5. 'HVHUWLRQ

There will be a change in divorce law providing for “no-fault” divorce which is due to come into force in April 2022 and will remove the necessity of considerin­g

SDUWLFXODU­V 8QWLO WKH QHZ law comes into force, the current law requires the petitioner to prove their

FDVH

This publicatio­n is a general summary of the

ODZ ,W VKRXOG QRW UHSODFH legal advice tailored to your

VSHFLࡼF FLUFXPVWDQ­FHV

Newspapers in English

Newspapers from United Kingdom