Divorce

Divorce can be a very stressful time for everyone involved but having the right person to steer you through the legal process from the start can really help.

It is worth noting that the law in England and Wales changed in April 2022 in that you no longer need a reason to divorce. It is enough that the marriage has irretrievably broken down, meaning it cannot be repaired. Whatever your circumstances, you need to ensure a good level of support and sound advice to help you make the right decisions regarding your finances, your children, and your future.

What is involved in a divorce, and will I need to go to court?

Divorce is a legal process that can be applied for by either or both partners in a marriage, provided you have been married for at least a year. It is the only way to dissolve a legal marriage.

Not all religious marriages are recognised in England and Wales and if this is the case, you will not be entitled to get divorced because you have to be validly married to be divorced. Divorce is dealt with separately from sorting out your finances or the arrangements for your children. The process is now digital and there is a court fee to pay, currently £593.00.

It will take at least 6 months from start to finish as there is a prescribed 20 week wait period within the process between serving the divorce papers and applying to the court for the conditional order. The divorce comes in two parts – the conditional order and then, after another wait of 6 weeks and 1 day, you can apply for the final order. You remain married until the final order is made. For the divorce process, it is nearly always done online and you will not need to go to court.

Who decides how to divide the assets and arrangements for children?

Divorce is only one part of the picture and it is mainly the financial arrangements and arrangements about the children that cause most upset. It does not have to be acrimonious. You will be able to move forward with your life if things are sorted quickly so it is advisable to think about how to divide the property, finances, and make arrangements for any children of the marriage as soon as you can. There are no rules about how the financial or family matters should be agreed.

If you cannot agree however, it is likely these matters will need to be decided by a court or an arbitrator. You are expected to have considered mediation before making an application to the court by attending at least a Mediation Information Assessment Meeting. The court process is lengthy and costly and may drag on for months at great cost, all of which comes out of the family assets.

Most people settle finances and arrangements for the children by agreement, often asking the court only to approve their agreement, turning it into an order. We encourage you and guide you to try to reach an agreement. We think it is more cost effective, quicker and less painful.

What else should I think about when getting divorced?

Your legal status changes once you receive the final order. This means you are no longer married and are allowed to marry again. Your ex-spouse is no longer your next of kin. You might want to make a new will, change your name, and let banks, mortgage lenders and other relevant officials know that your status has changed.Take some advice before changing your name though, as this can affect your ability to borrow money as your credit record will be in your ‘old’ name.

How can we help?

We are skilled, experienced family lawyers who understand the divorce process and associated issues that come with a relationship breakdown.

We can help with:

• Amicable separations and divorces. If you have already worked out a plan that is agreeable to both parties, then we can help make it legally binding.
• Mediation and arbitration. We believe that going to court should be the last resort and will advise you regarding likely outcomes so that you can do your best to reach an agreement. Reaching an agreement is generally a cheaper and less stressful solution.
• Contested hearings. Sometimes, negotiation, mediation, or arbitration simply may not work in your situation. In this case, we can advise, guide and represent you throughout the court process.
• Arrangements for your children. Making arrangements for your children following a family breakdown is not easy. We will make sure that the children’s best interests are at the heart of every discussion and that your position as a parent or grandparent is respected.
• Financial settlements. We will advise and guide you with the best options to achieve fairness in sorting out your finances. We have connections with expert financial advisers, mortgage brokers, company solicitors and accountants who can provide specialist guidance.
• Prenuptial agreements. No one likes to go into marriage anticipating the worst outcome, but it is important to consider your position, especially if you are marrying for the second time or coming into a marriage with assets you have already got. We can help make the conversation less awkward by working out whether you need an agreement, and if you do, what terms make sense to both of you.
• Living together agreements. Buying a house together is likely to be one of the largest financial commitments you will make. Taking some time to think and agree on what might happen if your relationship does not go as planned can help minimise heartache down the track. We can help you with a proactive approach to such circumstances.

If you need assistance, contact [email protected] or call 0800 083 6051 for expert family law legal advice.

Finances when Separating

Any separation is emotionally painful and there will be a lot on your mind if you are currently in the process of separating. Deciding how to divide the finances is not always straightforward. Below are a few points to bear in mind but while it is possible to sort out your finances between yourselves, we would recommend that you take specialised legal advice to ensure that you get the best outcome possible, and that any agreement reached is legally enforceable. You will need to think about:

• real estate (property) or other investment properties
• money in the bank and other savings accounts
• motor vehicles, leisure craft, etc.
• pensions and investments
• insurance policies
• debts
• child maintenance and regular payments

Financial settlements

We can advise and guide you through the best options for your circumstances so you can reach a fair financial settlement. We have connections with expert financial advisers, mortgage brokers, company solicitors and accountants who can help resolve your financial matters and provide additional guidance on complex financial issues such as pensions and taxation. If you are a business owner, we understand the additional considerations and implications involved when dividing your property.

Will I have to go to Court?

It is always the preferred option to try to agree a financial settlement without resorting to litigation. Going to court will be a lengthy, uncertain and more expensive option to determine the split. It is normally appropriate when the relationship has broken down to such a degree that non-aggressive discussion is impossible.

We can work with you and support you through mediation to reach a financial agreement without having to go to court. If you have already worked out a plan that is agreeable to both parties, then we can help make it legally binding.

If all negotiations fail and court appears to be the only option, we can guide you through this process so you can make informed decisions.

What is the difference between a financial order and consent order?

If you and your ex-partner agree on how the finances should be divided up, you need to get a consent order drafted and ask a court to approve it to make the agreement legally binding or if you want to share pensions. When you and your ex-partner cannot agree on how best to divide the household finances, you should ask a court to make a financial order.

You can apply for a financial order as soon as you have started the paperwork for your divorce or separation. Applying for a financial order will involve two or three court hearings before a judge. The court order will cover pensions, spousal maintenance and ongoing payments, investments, property, and any other shared financial assets. If you have not applied earlier, you can still apply for a financial order after the divorce has been finalised however, to do so at this stage may change what you are entitled to, particularly if you leave it for a long time after the divorce. The judge will decide the fairest way to divide the finances, applying the law, and will normally look to make a clean break for the parties.

What should I do with joint bank accounts?

In general, if you have been living together you will have fewer rights than couples who divorce or dissolve a civil partnership. Joint bank accounts are a good example. In England and Wales, money in a joint account belongs equally to the people  named on the account, irrespective of who paid it in.

As a first step, let the Bank know about the separation and make sure that both parties need to agree to any account changes.

Family separation can be one of the most difficult experiences you will ever encounter. It’s hard to think straight when it seems like your life is falling apart. We are family law experts with empathy and understanding. We have assisted numerous clients navigate this complex and highly emotive area. We will negotiate calmly on your behalf, keep you in the loop, and provide guidance and advice to ensure that you are in a position to make informed decisions about your future. Financial matters can escalate very quickly, mainly through one party being afraid the other will ‘take everything’ and so we think it is important for you to get advice at an early stage, even if not much is happening at first. At least you will be prepared for what may be coming and what information you may need to gather and consider.

If you need assistance, contact [email protected] or call 0800 083 6051 for expert family law legal advice.

More reading

Get a Divorce: a gov.uk guide
The Law Society: Getting a Divorce