Divorce

Guiding you through the process, and providing personalised recommendations for your situation.

The dissolution of a marriage bond can be an incredibly overwhelming and complex occurrence for individuals, particularly due to the various personal and financial matters that may need to be addressed.

We will guide you through the divorce procedure with compassion and care, and provide you with the information you need to confidently make any difficult decisions along the way.

Expertise

Advice on Separation
Financial Settlements on Divorce
Advice alongside Mediation

Utilizing our extensive knowledge and skills, we tailor our recommendations to offer a variety of suitable options that align with your specific needs. We also provide detailed information about the process, potential outcomes, estimated timelines, and associated costs.

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Director – Family Law

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Divorce Process

There are four key stages in the divorce process.

These are as follows:

Complete a divorce application as either a sole applicant or jointly. This can be applied for online, or by post. The court fee for a divorce application is £593
Apply for a conditional order (once the application is acknowledged by your spouse and after a 20-week cooling-off period)
Apply for a final order (6 weeks after you have the conditional order)

The suggestions offered are tailored to your individual situation, whether you are facing challenges in finances, property matters, or with your children. We collaborate to devise a plan that is best suited for you.

Our Purpose

We aim to offer realistic and clear advice, enabling informed decisions early in your case to avoid pursuing unrealistic goals and unnecessary litigation.

Related Pages

We cover all aspects of divorce

The divorce process
Financial settlements
Arrangements for children
Divorce costs
Avoiding court
Mediation

Are there any alternatives to divorce?

Many people going through a separation don’t necessarily feel ready to dive straight into divorce proceedings. In this case there are other options available, including judicial separation or a separation agreement.

What is Mediation?

Mediation is often a more dignified and conciliatory way of sorting out issues arising out of separation or divorce.

Mediation may limit the stress and anxiety that you and your ex-partner experience during the relationship break up, and is often a good option where you have children to enable you to continue to communicate constructively.

This approach helps couples that are separating to have an open and honest dialogue to reach agreements that can then be converted into legally binding agreements with the help of their divorce lawyers. It is usually important to each have independent legal advice alongside the mediation process.

Find out more about Mediation

Resolve conflicts peacefully with mediation.

FAQ

How long does a Divorce take?

No-fault divorce law means that an application can be made for a divorce with a simple statement that the marriage has broken down irretrievably. You do not need to set out evidence of that breakdown and the court will not enquire about whether the statement of irretrievable breakdown is correct. This has streamlined the divorce procedure.

On a linear level, a no-fault divorce will take a minimum of 6 months (26 weeks) overall. There is a minimum 20-week period from the date the divorce application is issued before the conditional order (formerly called the Decree Nisi) application can be submitted, plus a 43-day period (6 weeks plus 1 day) between the date of the conditional order and the application for the final order.

Bear in mind that issues regarding matrimonial finances can sometimes mean that the application for the final order of divorce is delayed until the financial issues are resolved.

Does my spouse behaviour affect how much I will receive?

Bad behaviour or conduct by your spouse will only be taken into account in very exceptional circumstances when deciding how assets should be shared after divorce. Conduct is only taken into account in circumstances where such conduct is so extreme as to be “inequitable to disregard it”.

Are our assets divided 50/50 on Divorce?

There is a general presumption that matrimonial assets will be divided equally between divorcing couples, but only where that is fair and where it meets the financial needs of each person and of any dependent children. Family court judges have a very wide discretion when deciding how to divide matrimonial assets, and every case is different.

When using this discretion, the court will assess a number of factors such as financial resources, financial needs now and in the future, standard of living during the marriage, ages of the parties and the length of the marriage, any disability, contributions made by either party, and conduct if such conduct is so inequitable to disregard.

Will I have to pay maintenance after the divorce?

There are two types of maintenance, child maintenance and spousal maintenance.

Child maintenance is in the majority of cases governed by the Child Maintenance Service, and is paid by the parent who does not live with the children. The amount of maintenance is calculated based on that parent’s earnings, and also takes into account other factors such as how many nights the children spend with that parent throughout the year.

There is a calculator online, via the Child Maintenance Service, which can advise you the amount of child maintenance payable.

Spousal maintenance, where one spouse will pay maintenance to the other, for example to address a financial imbalance, is not as clear and does not use a mathematical formula. Whether you should pay or receive spousal maintenance depends on the circumstances of your case.

How much does it cost for representation in relation to divorce and finances?

The cost of representation for divorce and financial matters depends on how amicable the parties are. If both parties are agreeable to the divorce then we may be able to offer a fixed fee.

We may also be able to offer a fixed fee for financial consent orders, although this will depend on the value of the assets involved.

When is annulment an option?

Annulment is a way of ending a marriage, like divorce. You may wish to have an annulment if you have religious reasons for not wanting a divorce, however an annulment is only an option if you can show the marriage was either not valid in the first place (void), or is defective for one of the reasons given below (voidable).

Void marriages – you can annul a marriage if it was not valid in the first place, examples include:

You are closely related
One or both of you were under 16
One of you was already married or in a civil partnership
If a marriage was not legally valid, the law says that it never existed.

Voidable marriage – if your marriage is defective, you can annul a marriage for a number of reasons, including:

It was not consummated – you have not had sex with the person you married since the wedding (this does not apply for same sex couples)
You did not properly consent to the marriage – you were drunk or forced into the marriage
The other person had a sexually transmitted disease when you got married
The woman was pregnant by another man when you got married

Family Law Services

Find out more about family law services that we offer.

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Why Us

We are local family law solicitors who specialise in family law services and mediation.

Our Testimonials

I highly recommend Andrew to act for anyone going through their divorce. He is currently helping me get to a final settlement with my ex wife. Andrew has a wealth of knowledge and is caring and understanding.

Mr T, Tadcaster

Book a Free Consultation

Contact us to book a free consultation call to discuss what your concerns and for advice, recommendations and to give you an indication of what to expect in the process.

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01904 862176