Terms & Conditions

TERMS & CONDITIONS OF USE OF THE DIVORCE COMPANY WEBSITE

Please read through the Terms and Conditions below and if you do not agree with them, we ask that you refrain from using our website and / or ordering any or our services. Your use of the services indicates your acknowledgment that you have read and accepted these Terms and Conditions without limitation or qualification. Where the term divorce is used in these terms and conditions it includes dissolution of civil partnership and all other services provided.

Trading as TDC SOUTH WEST

Our website thedivorcecompany.co.uk is the trading website for The Divorce Company South West Ltd T/A The Divorce Company and is a place to select divorce and other legal services we offer. The site may also provide basic information regarding the divorce process in England & Wales. None of this information or guidance notes constitutes legal advice.

STATUTORY RIGHTS

These terms and conditions do not affect your statutory rights whatsoever.

BUYING SERVICES ON THE DIVORCE COMPANY WEBSITE

To order and pay for a service you will need to telephone our office. Details of the prices of the services offered may be contained within these terms and conditions and / or you need to telephone our offices for information on these costs. The content of the services is clearly displayed on the website services pages.

We accept payment by debit / credit card and cheque. Debit / credit card payments are taken over the telephone or by online bank transfer. The price of the service is the price in force at the date and time of your order. We try to ensure that were prices are displayed on our website / in these terms and conditions that these are accurate. We are entitled to refuse any order placed by you. If your order is accepted we will confirm acceptance by way of email to the email address provided by you at the time of placing your order.

When our services are purchased, you will act as litigant in person. We will ask you to sign a letter of authority which will enable us to communicate with the Court on your behalf and for the Court to forward all correspondence relating to your case to our offices.

FEES FOR OUR SERVICES

Our services are all provided on a fixed fee basis and cover our services where all parties are cooperating fully with the process and no other work other than the standard divorce process is required.

Mandatory Court fees apply. £550 (accurate as at August 2021) The Court fee is payable to file the petition and this fee includes the application and issuing of the Decree Absolute. Further court fees apply to file financial orders or to make further applications to the court to move the divorce matter forward should these applications be required.

ADDITIONAL CHARGES

We reserve the right to charge administration fees where extra services need to be provided to you over and above the scope of any of our fixed fee services. Fixed fees cover our services where all parties are cooperating fully with the process and no other work other than the standard divorce process is required. Additional fees apply and these may include additional court fees where further applications / amended petitions and/or affidavits need to be provided to the court to progress your divorce even where all parties are cooperating but the court require clarification of any issues or further information. Re-drafting fees apply where the court service has changed the format of documents but you have not filed them at court prior to these changes. Should amendments be required once the documents have been created further fees apply. Where we have drafted documents and sent them to you for approval, extra costs will be incurred by you should you amend and/or change these documents in anyway. Please advise us of the required changes by email. Should you request the matter to be put on hold and/or you fail to take steps to progress your divorce for a period of 3 months or more, further fees apply. If your case is between 3 and 12 months old we can reactivate your matter. An administration fee is payable. If your case is 12 months or older, you will be required to pay the full cost of the original service as we do not retain your records or paperwork.

PAYMENT OF COURT FEES THROUGH OUR COMPANY

If you wish to pay court fees through our company, an administration charge is made to cover our costs. If you do not wish to use this facility , court fees can be paid by cheque, bankers draft or directly to the Court.

REFUND POLICY

The Divorce Company complies with The Consumer Contracts (Information, Cancelation and Additional Charges) Regulations 2013 in that you have a 14 day cooling off period to decide whether you wish to proceed with services supplied directly by The Divorce Company Ltd which starts on the day after you have purchased the service.

We will refund you within 14 days. However we reserve the right to charge you a reasonable fee for any work carried out by us on your behalf in relation to providing the service to that point. Any refund guarantees at any time offered on our website will be subject to the above limitations.

Fees charged for fixed fee services is the fee charged for that service as a whole and no refund will be payable should you decide not to proceed with all or part of the service or should the matter become contested / defended.

AVAILABLILITY OF OUR WEBSITE

The Divorce Company website is made available but we cannot guarantee that the website will operate continuously or without interruptions or be error free and will accept no liability for its unavailability. We reserve the right to alter suspend or discontinue any aspect of our website or the content and services available including users access to it where available. Unless otherwise stated any new service or information included on the website shall be subject to these terms and conditions.

JURISDICTION

The Divorce Company website and legal services only deal with the law under the jurisdiction of England & Wales.

This agreement shall be governed by and construed in accordance with English law and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales.

INFORMATION YOU PROVIDE

The following applies to any information you provide to us during any registration or ordering process. You authorise us to use store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address to the extent reasonably necessary to provide the services which are available on the website.

Once the service is purchased you will be required to complete the appropriate questionnaires. The information provided by you in questionnaires emails or letters are collected into a file specific to you and shall be referred in these terms and conditions as ‘Personal Information’

You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For further information about how we deal with your personal information please read our privacy policy.

By accepting these terms and conditions you agree to the processing of the personal information for the purposes of providing the service purchased by you. You also agree that the personal information may be used by The Divorce Company to promote and offer other services suitable for you. If you need to review or modify any part of your personal information then you should email us at info@thedivorcecompany.co.uk.

INFORMATION GUIDES AND FORMS

You may not publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted by The Divorce Company. You may download or copy the information contained on the site for your own personal use only.

In no event shall The Divorce Company be liable for any indirect, incidental, special or consequential damages arising out of or in any way connected with the use of the documents, this Web site or the support service whether based in contract, tort, strict liability or otherwise. The liability of The Divorce Company for direct loss arising out of the use of the information and documents, this Web site, and the support service whether based in contract, tort, strict liability or otherwise is limited to the total value of the transactions under which the claim arises for any one event or series of connected events.

The Divorce Company shall make every effort to ensure that the divorce information and documents are updated regularly to ensure accuracy, but due to the changing nature of the legal system The Divorce Company strongly suggest you check the content of the website for updated information. However we are not liable for costs or damages arising out of the use of any documents which have been superseded by changes to court documents. We recommend that all documents are used within six months. The Divorce Company DIY services provides the necessary legal documents and information to complete your divorce. Our divorce pack is for information purposes only and does not provide legal advice, we recommend that you take the advice of a solicitor before proceeding.

COURT FEE REMISSION

If you are eligible for a Court Fee remission, we will provide the forms and guidance for you to complete the application. It is your responsibility to complete the application accurately and correctly. Our services do not include checking the application or advising on any documentary evidence the court require. The information provided in your consultation is for guidance only and the court will make a decision regarding your application.

LIMITATION OF USE

Services purchased may include login and password details and/or a download link for you to download questionnaires and/or other documents and information. Login and password details and/or download links are or may be time limited for a period of 14 days or 3 download attempts. After the 14 day period has lapsed or 3 download attempts, you will need to contact The Divorce Company to access your purchase. You are advised to download all documents at the time of purchase and save to your hard drive.

You may use the documents purchased as many times as you wish for your own personal use. The Divorce Company suggest our website is checked regularly to ensure the documents and information is the latest version before reuse.

DELIVERY TIMES

The Divorce Company make every reasonable effort to dispatch completed documentation to our clients within 48 hours of receiving full information. If further information is required than that provided in the questionnaires, the 48 hour period will run from the time the additional information is received. For the 48 hour service to apply, questionnaires and additional information should be with The Divorce Company before 5.30pm Monday to Thursday (excluding national holidays) If submitted outside these hours, the documents will be dispatched at the earliest opportunity and within 24 hours of the next full working day.

If you opt for the printed service, The Divorce Company will dispatch your completed documents within 48 hours of receiving the completed information required from you. Your documents will be forwarded to you by way of Royal Mail first class and should therefore be with you within 7 working days of having forwarded your information.

It is therefore imperative that the questionnaires are completed accurately with exact email and postal addresses otherwise documentation may not be received in the time period stated.

TIME SCALES

All time scales given upon purchase are based on an average of all cases taken over the last 12 months and change on a month by month basis. Your case may take longer than quoted in your consultation due to factors outside our control. The time a divorce takes depends on the court service workload and we cannot be held responsible for any delays at court once your documentation has been filed. Currently (accurate as of August 2021) a standard uncontested divorce is taking on average 5 months.

If incorrect information is provided, the court will raise queries that will cause delays. We advise clients to refrain from booking events that depend on receipt of the final decree, until the certificate is granted and received.

EMAIL COMMUNICATIONS

Your allocated lawyer will make every effort to respond to your emails and enquiries within 48 hours of receiving the communication. This is providing the communication is received between Monday and Thursday before 5.30pm. (excluding national holidays) Email communications received outside that time will be responded to within 12 hours of the next full working day.

Allocated lawyers make every effort to contact managed divorce clients on a regular basis to ensure the client is fully informed of the progress of their matter.  If an unusable or incorrect email address is provided by the client and delivery of the login and password or links for download / attachments is not delivered, The Divorce Company shall not be liable. In the unlikely event of the login and password details or download links / attachments failing, email communication should be made with The Divorce Company. Every effort will be made to get the pack to you by return and within 24 hours if the communication is received Monday to Thursday before 5.30pm (excluding national holidays) or within 12 hours on the next full working day.

ASSISTANCE AND SUPPORT

We do not provide legal advice or act for or represent you in any way as we are not solicitors. You act as litigant in person throughout the proceedings. It is your responsibility to ensure that all documents filed / lodged at court meet the required legal thresholds. You should always seek independent legal advice. Your payment to us is to cover the costs of using our systems and procedures in assisting you in the management of the divorce process.

Under normal circumstances a court attendance will not be required but the court can order a hearing to be held were parties are required to attend. This is more likely where financial matters are being dealt with. You accept that if this is the case you will incur/be liable for the costs of legal representation and/or other related costs resulting from this/these hearings.

We reserve the right to withdraw our assistance at any time during the proceedings should you contact the court directly and/or file any applications or statements without our knowledge and agreement.

FINANCIAL ORDERS

Should you use our financial order services this service is provided by our associate 3rd party Solicitor who are not connected in any way or are in partnership with The Divorce Company. If you make a payment to us for a financial order service these funds will be held by us and paid to the third party solicitors for the work they have done for you. We may take the payment to facilitate the smooth running of our services but The Divorce Company does not receive commission or paybacks from the third party solicitors for this service. Payment for financial orders, representation and any other legal services associated with financial issues, are paid directly to the associate Solicitor you instruct.

Should your personal financial circumstances need further negotiations with third parties and/or your circumstances are over and above the scope of a basic fixed fee financial order your assigned solicitor will advice you of any extra costs involved. The services offered by these third party solicitors will be governed by their terms and conditions and we are not liable for any costs or damage resulting from the use of their services however these may occur.

You are not obliged to use the firm of solicitors we suggest. You can instruct any solicitor of your choosing to manage your financial matters. It is your responsibility to ensure that we are aware that your financial matters are being dealt with by a third party solicitor and to inform us if your solicitor needs to liaise with us during the proceedings.

All Third Party Rights under Contract (Rights of Third Parties) Act 1999 are expressly excluded from this agreement.

POSTAL SERVICES

Please note that when you order a postal version of our services we reserve the right to charge an extra reasonable fee. When you return documents to us we recommend you use a registered or signed for service to ensure safe arrival of your signed documents. Please ensure the correct postage  on documents being sent to us as we do not accept any responsibility for documents which do not reach our office.  If in the event your documents are held by Royal Mail and we are required to collect them an administrative charge of £20 will be payable.

CUSTOMER CARE AND THE COMPLAINTS PROCEDURE

The Divorce Company are very proud of the services we offer and the standard of care taken to ensure all our clients are satisfied with the services provided.

In the event of a complaint, it is our policy to deal with the matter promptly and respond to the client within 36 hours by way of email. You can contact our Customer Services Manager on info@thedivorcecompany.co.uk. Should you remain dissatisfied with the service, a telephone number should be provided to enable us to discuss the matter directly. A written response will follow the telephone discussion

PRIVACY POLICY

The Divorce Company will protect the identity and privacy of our users and clients. Information collected in the process of providing the service(s) purchased will be used in a strictly lawful manner and in accordance with the Data Protection Act 1998. We will not use our clients email address to contact individuals once the service is completed other than in relation to a query from them. Client email addresses are never provided to third parties.

GENERAL LIABILITY DISCLAIMER

In no event shall The Divorce Company be liable for any indirect incidental special damages arising out of or in any way connected with the use of the information or documents provided on our website or for the support offered whether based in contract, tort strict liability or otherwise. The liability for direct loss arising out of the use of the documents on this website and the support offered is limited to the total value of the purchase under which the claim is made.

In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our web site or its contents we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause.

We ensure that all services purchased will be in accordance with your written instructions. We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the services, our website or any information or service provided through our website. We will do our best to ensure that all materials and information published on our web site are accurate, but please note that all materials and information on our web site are provided on an ‘as is’ basis. The provisions of this clause do not affect your statutory rights.

In relation to the purchase of services, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue, or business whether direct or indirect however caused. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use or website and is compatible with our website.

You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them provided that our agreement is capable of performance without the said, illegal or unenforceable term.

Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.