How can we help with your divorce?
Our helpful divorce solicitors are all members of Resolution – an organisation of lawyers and other professionals committed to the constructive settlement of family disputes. This means that we will always make every effort to minimise any acrimony that could otherwise detract from your case and cause avoidable delay to the formalising of your divorce and financial settlement.
Furthermore, we have a deep understanding of how concerned you may be about the impact of a divorce on your children, your own wellbeing, your business, or your finances generally. As such we endeavour to ensure that all of our clients receive clear, tailored advice which enables you to consider all of your options and ultimately help plan for your future.
The divorce process can differ slightly when dealing with individuals living in another country or holding assets abroad. You can find out more information about international divorce here.
How much will it cost?
We understand that divorce can not only be a lengthy and stressful process, but costly as well, which is why we have an open approach to legal costs and aim to be as transparent as possible throughout.
Our clients are offered a fixed fee of £650 plus VAT and court fees for uncontested divorces, and you can usually recoup some or all of those costs from your spouse if you are the petitioner.
How long does a divorce take?
Unfortunately, there is no such thing as a ‘quickie divorce’, as seen in the media. Even the most amicable divorce will typically take between two and three months to process, longer if financial arrangements need to be formalised before the marriage is formally dissolved.
This is because the only ground for divorce in England and Wales is the irretrievable breakdown of your marriage, which is proven by citing one of five factors: adultery, unreasonable behaviour, desertion, two years separation with consent or five years separation (no consent required). ‘No-fault divorce’ is expected to come into action in the autumn of 2021.
The most common reason given for the irretrievable breakdown of a marriage is unreasonable behaviour. This is a subjective area; the petitioner must simply establish that his or her spouse has behaved in a way such that he or she can no longer be expected to live with them. It is not usually necessary to provide more than a short account of the situation at home prior to the end of the marriage.
Can I get divorced?
If you’ve been married for over a year and the relationship has broken down, you are entitled to apply for a divorce. Bear in mind your marriage needs to be legally recognised in the UK, and one of you needs to live in the UK, too. The ground for divorce is that the marriage has irretrievably broken down.
You can rely on one of five facts for the breakdown of the marriage in order to have a divorce:
- Unreasonable behaviour
- Separation for over 2 years (with written consent)
- Separation for at least 5 years (without consent)
Does my spouse have to agree to the divorce?
Divorce can be a tricky process. If your spouse isn’t cooperating, it could make the process longer than necessary. If that’s the case, you could file for divorce on the grounds of separation for over 5 years -without your partner’s consent.
Do both parties have to pay for divorce?
The person who files for divorce (the ‘petitioner’) will typically pay the court fees. However, the petitioner can ask the respondent to pay the costs in a fault-based divorce, or a 2-year separation divorce.
I'm getting a divorce - will I have to go to court?
It’s possible to get a divorce without going to court. If you and your partner agree on the terms of the divorce, this is called an uncontested divorce, which you can settle outside of court within 4 to 6 months.
However, if you can’t agree on how to split childcare or financial assets, you will need to work with a divorce solicitor in order to negotiate on these aspects. Court intervention may be necessary if agreement cannot be reached.
How long does the divorce process take?
The length of the divorce process all depends on you and your partner. If you both agree on the divorce and the reasons behind it, the process can take as little as 4 months (if the Court deals with paperwork efficiently). Having a divorce solicitor work with you can speed up the process.
One of our divorce solicitors will be able to offer legal advice and support you throughout the divorce process. If you have a pre-nuptial or post-nuptial agreement, we will work to ensure that the best outcome is provided for yourself.