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UNCONTESTED DIVORCE

Uncontested Divorce

Our friendly and experienced team at Brendan Fleming will work with you to ensure your divorce proceeds uncontested so that the process is as painless and inexpensive as possible.

We take pride in dealing with the divorce process in a non-confrontational way as possible and always proceed in accordance with the pre-action protocol to avoid any issues as a defended divorce is that last thing that you will want as this just incurs delays, stress and exceptional costs. Such cases are very rare and if your marriage has broken down irretrievably then an uncontested divorce is the sensible way forward.

So that fees are transparent we also offer a fixed fee arrangement in all cases.

Do remember also that within your divorce proceedings that you and your spouse have rights to make financial claims against each other.

The most usual way to deal with these claims is by a Court Order either by consent or by issuing proceedings if mediation has not achieved an agreement.  Even where one or both do not wish to proceed with financial claims, maybe this is a short marriage or there are no assets such as a property or pension, an Order should be made dismissing all financial claims. This is known as a “clean break” Order. This avoids any claims being made in the future when there is possibly a windfall or lottery win that could still possibly be claimed against.

If an Order is not obtained, then the claims which each of them have against the other are simply left open.  This situation is unsatisfactory in that it creates a degree of uncertainty because it leaves the possibility of one spouse making a claim against the other at any time in the future unless they are caught in the “remarriage trap”.

Always seek advice within the divorce proceedings as to your position now and for the future.