O'Malley Solicitors


SPECIALIST FAMILY LAW FIRM


Divorce and Matrimonial Finances


O'Malleys offer a leading divorce solution

Divorce

Established in 2008, O’Malley Solicitors are ready to help you with any, and all, of the proceedings in getting a divorce.

Start a Divorce Application
One person starts a divorce by making a divorce application to the court on the basis of the irretrievable breakdown of the marriage.
Or, both parties can complete the divorce process together by starting what is known as a joint application.
A no-fault divorce no longer requires you to set out any reasons for the irretrievable breakdown of the marriage.

2. Acknowledgement of Service
The next step in the divorce process involves your partner being sent a copy of the divorce petition and the acknowledgement of service (AOS).
Your partner has 14 days to complete and return the AOS to the court.
20-week Reflection Period
There is a minimum period of 20 weeks from the start of proceedings to confirmation to the court that a conditional order of divorce may be made.
This ‘reflection period’ allows a greater opportunity for couples to agree practical arrangements for the future where reconciliation is not possible and divorce is inevitable.
Such matters could include child arrangements and the division of any money or assets.

3. Application For the Conditional Order
At this stage, you are asking the court to proceed with the divorce.

4. Court Reviews Your Application
If the court approves your divorce application, they will issue you with a Certificate of Entitlement to confirm the date of your conditional order.
This will typically take a few weeks.

5. The Courts Grants The Conditional Order
At this point, the court has granted you the divorce, which introduces a six-week cooling-off period before being able to apply for the final order.
This period is intended for amicable couples to submit their financial consent order to the court for approval.

6. Application for Financial Order
Couples who have had a solicitor draft them a financial consent order can now apply to the court for approval.
If you submit the financial order at this time, it usually results in being granted alongside your Final Order of Divorce (formerly Decree Absolute).
This will prevent any future claims being made by either party and ends all financial ties.

7. Application For Final Order of Divorce
Apply to the court to legally end your marriage.

8. The Court Grants The Final Order of Divorce
The final order (decree absolute) will usually be granted within 24 hours.
This order legally ends your marriage and enables you to remarry.
A divorce in England and Wales will take roughly 6-7 months in the most simplest of cases.One person starts a divorce by making a divorce application to the court on the basis of the irretrievable breakdown of the marriage.
Or, both parties can complete the divorce process together by starting what is known as a joint application.
A no-fault divorce no longer requires you to set out any reasons for the irretrievable breakdown of the marriage.


We recognise how emotional and stressful separation can be and take a sensitive approach in dealing with divorce. We give constructive advice as to the most appropriate way to proceed so that matters can be concluded as peacefully and efficiently as possible.

 


Matrimonial Finances

We appreciate that it can be upsetting to deal with the division of matrimonial property and we pride ourselves on our non-confrontational and practical approach to help our clients through this difficult time.

We always try to settle financial matters in a constructive manner with the aim of reaching an agreement that is fair and reasonable in the circumstances of the case. We achieve this through either round table meetings with both parties and solicitors present or through solicitor correspondence and negotiations or by referring clients to a qualified mediator. We will discuss each of these processes with you so that you can decide which is best suited to your needs.

We aim to use court proceedings as a last resort but, should they become necessary, we will represent you in those proceedings and work with you to bring the matter to a fair conclusion.



Authorised and Regulated by the Solicitors Regulation Authority SRA No: 318339