DIVORCE                                            

We advise clients on divorce, civil partnership dissolution, separation, financial arrangements and issues involving children. We do our best to be supportive and affordable and will always give you an estimate of the likely legal costs involved to help you to work within your budget.

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The divorce process in England and Wales is now based on no-fault divorce. This means that the court does not usually consider who was responsible for the breakdown of the marriage. The only ground for divorce is that the marriage has irretrievably broken down.

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How Long Does a Divorce Take?

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A divorce application cannot be made within the first year of marriage.

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A divorce will usually take at least 26 weeks from the date the application is issued by the court. This includes:

• a minimum 20-week waiting period before applying for a Conditional Order; and

• a further minimum 6-week waiting period before applying for the Final Order.

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The Conditional Order confirms that the court sees no reason why the divorce cannot proceed. The Final Order legally ends the marriage.

In some cases, it may be sensible to delay applying for the Final Order, particularly where financial arrangements, pensions or other important issues have not yet been resolved.

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Can a Divorce Be Defended?

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A divorce can only be challenged in limited circumstances, such as where:

• there is a dispute about whether the court in England and Wales has jurisdiction;

• there is a question about whether the marriage is legally valid; or

• the marriage has already legally ended.

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It is no longer possible to defend a divorce simply because one person does not agree that the marriage has broken down.

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Financial Arrangements

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Divorce does not automatically resolve financial matters. It is usually important to deal with issues such as:

• the family home;

• savings and investments;

• pensions;

• debts;

• maintenance; and

• business interests.

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Financial arrangements should usually be recorded in a court order, even where an agreement has been reached. This can help provide certainty and reduce the risk of future claims.

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Children

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Where children are involved, we can advise on arrangements such as:

• where the children will live;

• the time they spend with each parent;

• parental responsibility;

• taking children abroad or relocating; and

• disputes about schooling, medical treatment or other important decisions.

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Other Family Law Services

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We can also advise on:

• separation agreements;

• civil partnership dissolution;

• pre-nuptial and post-nuptial agreements;

• cohabitation agreements;

• financial claims following separation;

• child maintenance issues;

• change of name deeds; and

• related family law applications.

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We will explain your options, the likely process and the information needed at the outset. We will also provide clear information about costs before work begins. 

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We offer a free 30 minute free consultation.