Divorce and Separation

If you and your spouse have decided to end your marriage, you may be wondering whether you need a divorce lawyer in the first place. 

No one wants to pay hefty divorce fees, and if both parties can come to an agreement between themselves on specific legal issues (such as child arrangements and maintenance payments, division of financial assets and pensions etc.) then we can help record it formally in a Consent Order and advise whether the agreement is fair to both parties involved.  

If there are significant financial assets at stake or both parties are highly acrimonious towards each other (especially for couples with children) then a family solicitor may be necessary to identify the legal issues and negotiate with the other spouse and their solicitors. 

We understand that some individuals may be concerned that hiring a divorce lawyer will result in processes becoming more hostile and drawn out than necessary.

All of our divorce lawyers are members of Resolution – an organisation of family justice professionals committed to resolving family law issues in a constructive, non-confrontational way. Therefore, you can be assured that your best interests are always at the heart of what we do and that our code of conduct is professional and ethical. 

Involving family solicitors in your divorce proceedings does not need to be hostile – in fact, our clients often report that hiring our divorce lawyer services made the process calmer and run more smoothly for them. 

This will depend on a variety of factors, financial assets to be shared (such as housing, businesses, inheritances, pensions etc.) and the extent to which there is agreement. Getting a divorce legally finalised can take as little as 7 months.

Protection from a violent spouse can be obtained through the police and/or family courts, including non molestation orders and occupation orders (also known as injunctions).

If you ever feel that your life is in danger or under threat from a violent spouse, we urge you to call 999 as your first course of action. 

The National Domestic Abuse Helpline is also available.

Legal aid is not available for divorce but you may get help with Court fees if your income is low.

Legal aid is only available to specific cases, such as helping negotiate financial/child arrangements/injunctions in  marriages where there was domestic abuse or certain child welfare issues. If social services were ever involved, this can help your case for getting legal aid. 

We do not offer Legal Aid. You can find a legal aid advisor on the UK government website here. 

We may be able to help you find financial help to run your case using litigation funding; if you think this might be needed, please ask your lawyer.

You will not have to go to Court for a divorce.

However, if you cannot reach a financial settlement or child arrangements through mediation negotiation or Alternative Dispute Resolution methods, then Court intervention may be necessary. This only happens in a minority of cases.

If you and your spouse can amicably come to agreements about financial settlements and any shared children, then you can usually avoid court hearings altogether and we will do what we can to help find a solution out of court as is our commitment to you and the Resolution code of conduct.  

The Divorce, Dissolution and Separation Bill 2020, which introduced ‘no-fault’ divorces in England and Wales, came into effect on 6th April 2022. 

This eradicated the need to prove that a marriage had irretrievably broken down based on one of four grounds – which were historically adultery, unreasonable behaviour, long term separation and desertion – in order to be granted a divorce. The change in law remove unnecessary conflict at the outset so that more important issues – such as childcare and financial arrangements – could become the primary focus. 

If you need assistance in understanding or navigating the new no fault divorce process, speak to one of our divorce solicitors today.

The key stages to divorce in England & Wales are as follows: 

1. Complete a divorce application ( this can be jointly on just one party)
2. Submit the divorce application and fee online
3. Once the application has been acknowledged by your spouse, there is a 20 week reflection period, during which we often negotiate and record financial arrangements/child arrangements
4. Apply for a Conditional Order
5. Register any financial agreement with the Court
6. Apply for a Final Divorce Order (but only after  financial matters have been resolved by agreement or through a separate court process and recorded at court)

The process for ending a same-sex marriage or civil partnership is the same.  

Whilst it is preferable for both parties to cooperate as it makes the process easier, there is no need for your spouse to agree to a divorce.

Usually both parties will be liable for their own legal costs – in exception to the court fee (currently around £593) which is often paid for by the individual filing the application to divorce. 

Do note however that these costs only apply to divorce proceedings – other legal arrangements, such as division of assets or child custody and maintenance agreements, will have to be organised separately, and will have their own unique costs. 

Collaborative law is a legal practice that enables couples to work with specially trained collaborative lawyers in order to avoid having to thrash out the issues in court and achieve a settlement that best meets the needs of both parties and their children.  

The voluntary process is initiated when the couple signs a contract (also known as a participation agreement) which  binds each other to the process and disqualifies their respective lawyers’ rights to represent either one in any future family-related litigation. 

If you are interested in finding out more about our collaborative divorce service, speak to one of our team today for a free and confidential consultation.