In order to assist you, we have set out on this page our most commonly asked questions.
Q: Can you assist me with an uncontested divorce?
A: Yes, we can assist you in obtaining a divorce where it is not contested and the parties agree to the ancillaries (financial and children matters).
Q: What is required to obtain an uncontested divorce?
A: It requires that both parties genuinely wish to amicably dissolve the marriage and agree on how they intend to move forward with respect to financial / property matters and have an agreed plan for the children of the marriage.
Q: Although we agree to a divorce, does the Court have any say?
A: The parties may agree on how they wish to move forward but it is for the Court to make the relevant orders and it needs to be satisfied that all is in order before it grants those orders. The Court usually endeavours to seek agreement, where possible, from the parties. Therefore, provided all is in order and proper proposals are put to the Court it will, unless it has a concern, seek to give effect to that agreement.
Q: My husband is overseas, does he have to be here?
A: No, so long as the Court has jurisdiction and there are grounds for the petition to be proved then there is no requirement that the other party is in the Cayman Islands. Arrangements can be made with the Court to virtually facilitate parties who are overseas (where it is required). It is easier if both parties are available in the Islands in the event that a hearing is necessary.
Q: Will the Court require a hearing even if we agree?
A: Where the petition is not contested, and the parties agree to a consent order for the ancillaries the Court will require that there has been proper disclosure between the parties. Where a party is unrepresented (i.e. does not have an attorney) it will usually require that there is a hearing with the parties in attendance before it makes the order. In appropriate circumstances, that hearing can be facilitated for a party overseas to participate over the internet.
Q: Is it true that you cannot get a final divorce (decree for dissolution of marriage) without sorting out the ancillaries?
A: That is correct, the Court will not grant a decree of dissolution of marriage without, as appropriate, making ancillary orders / dealing with the ancillaries (financial / property and children matters).
Q: Can anyone get divorced or are there requirements?
A: There are requirements, for instance, the Court needs to be of the view that it has jurisdiction and that one party is domiciled in the Cayman Islands. Also, there needs to be grounds for a divorce. We will discuss the matter with you in our initial consultation to ascertain whether these are met before moving forward.
Q: How long will it take to get a divorce?
A: If by agreement, you may be able to obtain a divorce in a relatively short period of time. We will be able to assist with making this type of application for you. If, however, there are aspects of your divorce or ancillaries which are contentious it may take longer.
Q: Is there a fee for the initial consultation?
A: Yes, we have an initial consultation fee. When you reach out to us we will provide you with our standard initial consultation email which includes the amount required for the one (1) hour consultation.
Q: Is it possible to agree a fixed fee for the uncontested divorce?
A: It is possible. We will need to have our initial consultation with you in order to ascertain whether the Court has jurisdiction and that there are grounds for a petition / application for the dissolution of marriage to be made. We will also discuss other factors that may have a bearing on the steps to finalise the divorce. From there, if it appears that it will be uncontested, we should be able to put a proposal together for each stage. Some matters that may impact the stages / steps are whether there are children or if there are particular property / asset considerations.
Q: How do I move forward with obtaining legal advice?
A: The first step is to contact our firm through the Contact Us form, calling us at +1 (345) 745-7529 or sending an email to one of our partners Peta Symons (Peta.Symons@SymonsandSymons.com) or Stephen Symons (Stephen.Symons@SymonsandSymons) to arrange an initial consultation to discuss your case.
Q: Is it possible to have an initial consultation virtually?
A: At the present time, due to COVID-19 and for business continuity purposes, we are limiting all face-to-face meetings and will have the initial consultation virtually (Zoom, WhatsApp, Signal etc.) or over the phone. There are instances where we require a face-to-face meeting such as when you seek to finalise the petition for divorce and swear the verifying affidavit in support. At that time we will sight the marriage certificate as well as any other documents such as ID, utility bill and other paperwork.
Q: What should I provide to Symons & Symons prior to the initial consultation?
A: It would be helpful to provide the following;
- 1. Marriage Certificate; and
- 2. Birth certificates of any child/ren of the marriage or relationship;
- 3. Your identification or proof of address (Utility bill, lease agreement);
- 4. Brief summary of your relationship and breakdown;
- 5. Copies of details of known property / assets (land registers, bank account statements, vehicle details etc.)
We want to ensure that you get the most out of your consultation with us.
If you have a question and it is not answered here please do not hesitate to make contact with us. Please see our Contact Us page.