Divorce Lawyers
Guiding you through all aspects of divorce
Our dedicated divorce lawyers specialise in guiding you through separation, navigating the complexities of divorce, and ensuring a focus on optimal outcomes for you and your family, with consideration for the well-being of your children being the most important factor.
We are committed to tailoring solutions to your unique circumstances, and our team provides expert advice on various aspects of divorce law. Whether you seek guidance on reaching a financial agreement, opt for a streamlined process using a single divorce lawyer, or need guidance on matters concerning children and finances during separation, our team is here to assist.
Understanding the distinctive nature of each divorce case, we prioritise building trust as an integral part of our client relationships. Taking the time to comprehend the unique aspects of your family dynamics and your desired outcomes, we leverage our expertise to craft a solutions-oriented approach that aligns with your goals.
Our family lawyers are all members of Resolution. Our team are also ranked by the Legal 500 and Chambers and Partners.
The divorce process
- First, you must apply for a divorce.
- Once the application is issued, you must wait 20 weeks before you can apply for a Conditional Order.
- Once the Conditional Order is granted, you must then wait an additional 6 weeks and 1 day before you can apply for the Final Order.
- Once the Final Order is granted, you are officially divorced.
It is worth noting that you can only get a divorce or dissolution after you have been married or in a civil partnership for a minimum of 12 months.
The grounds for divorce
Following the implementation of new laws in this area in April 2022, there is only one ground for divorce which must be proven, and this ground is that the marriage or civil partnership has broken down irretrievably. This means that nothing further can be done to reconcile the relationship. There is no longer any need or ability to plead things such as adultery or behaviour.
No fault divorce
As part of significant law reform, no-fault divorce was introduced into the UK in April 2022. This new law allows couples to divorce without having to assign blame to either party following the breakdown of the marriage or civil partnership.
Under the new law, parties now only need to make a simple statement to say that the marriage or civil partnership has broken down irretrievably, and this is done by ticking the relevant box on the divorce application.
Separate Together
We offer an innovative scheme whereby couples can share the same lawyer. This scheme is great for people who want to manage their separation or divorce together rather than instructing individual solicitors, saving time and money.
For the right couples, one solicitor for two clients has huge advantages. This is about supporting people who want to do things the right way, not just for financial reasons but also for their physical and mental health and for the benefit of any children.
For couples to work this way, they must give their informed consent to disclosing all the relevant factual and financial information required in order to reach decisions together.
Instructing a single solicitor would not be suitable for cases where there has been any abuse, safeguarding or capacity concerns, or where there is a significant power imbalance.
It would also not be appropriate where there are issues around mental or emotional health or substance misuse, where one person isn’t prepared to negotiate or feels under duress, or where either person is likely to hide information, especially about finances.
Whilst this scheme isn’t for everyone, for some it will make the process much more palatable, and we are proud to be amongst the first firms in the country to offer this service.
Annulment
An annulment is a different way of bringing a marriage to an end.
You can apply for an annulment in the first year of your marriage, or any time after that.
To be successful in obtaining an annulment, you must be able to show that the marriage was either: -
- Void, meaning it was never legally valid, or;
- Voidable, meaning it was legally valid, but it meets one of the reasons that makes it ‘voidable’.
A marriage is void if:
- you’re closely related to the person you married;
- one or both parties were under 18 (or under 16 if the marriage took place before 27 February 2023);
- one of the parties were already married or in a civil partnership.
A marriage is voidable if:
- you have not had sexual intercourse with the person you married since the wedding, this does not apply to same sex couples;
- you did not consent to the married, for example it was a forced marriage;
- the other person had a sexually transmitted disease at the time of the marriage;
- your spouse was pregnant by someone else at the time of the marriage;
- one of the parties was in the process of transitioning to a different gender at the time of the marriage.
Our team have expertise when it comes to dealing with annulments, so if you are looking for advice on this topic then do get in touch with a member of our team.
Family mediation
Mediation is a form of alternative dispute resolution and can be used when dealing with divorce, finances and/or children matters.
Mediation is designed to facilitate open discussions between parties so that they can come to an agreement with the assistance of a mediator without having to go to court, making this route a great way to keep costs down. It is worth noting that mediation is confidential and is not legally binding unless any agreements reached subsequently form the basis of a Consent Order which is submitted to the court for approval.
Mediators are impartial; therefore it is still a good idea to have a solicitor advising you in the background as the solicitor will be acting in your best interests and advising you as to what your options are and what your next steps should be.
Mediation is a great idea for those couples who are amicable and want to keep costs to a minimum, however mediation will not be appropriate for everyone, for example those who have been in an abusive relationship or where there is a significant imbalance in terms of bargaining position.
Collaborative divorce and finances
Collaborative law is another form of alternative dispute resolution.
We believe it is vital to have this option available to our clients when they consider their options when dealing with their divorce, financial and children matters.
Under the collaborative process, each party appoints their own collaboratively trained lawyer. Both parties will then meet with their respective lawyers so that negotiations can be entered into face to face - these are known as ‘4-way meetings’.
Some clients will favour this route as collaborative law is cost effective, reduces conflict and is usually quicker than the court process.
For further information on collaborative law, please click here.
All our family lawyers are proud members of Resolution, an organisation dedicated to promoting a constructive approach to family issues that considers the holistic needs of the entire family unit.
Divorce arbitration
Arbitration is another form of alternative dispute resolution, and when using this method, both parties appoint one arbitrator who will analyse the case and provide the parties with a verdict, which will be legally binding.
You can use an arbitrator for the entire process or just parts of the matter that you and your partner are struggling to agree on.
Arbitration is a flexile process and provides parties with a final decision quicker than if the matter went to court, making arbitration both a more cost-effective and less time-consuming process in the majority of instances.
Why choose us as your divorce lawyers
Understanding the distinctive nature of each divorce case, we prioritise building trust as an integral part of our client relationships. Taking the time to comprehend the unique aspects of your family dynamics and your desired outcomes, we leverage our expertise to craft a solutions-oriented approach that aligns with your goals, particularly when dealing with children and arrangement orders.
Our family lawyers are all members of Resolution. Our team are also ranked by the Legal 500 and Chambers and Partners.
FAQs
You do not have to get a solicitor to help you with your divorce. The divorce process itself is typically relatively straightforward. What is most important is to ensure that you get proper advice around how you settle the financial claims between you and your spouse and advise you as to child arrangements.
When looking at how all the assets are to be distributed between the parties following a divorce or dissolution, the starting point is often an equal split of the assets.
However, a departure from equality is sometimes necessary or the fairest outcome to ensure the needs of both parties are met.
There is no one answer as to how finances are dealt with following a divorce because each outcome differs depending on the circumstances of the parties and the court have unlimited discretion when ruling upon the division of assets upon divorce.
Whilst you must issue your divorce application through the online HMCTS portal to bring your marriage to an end, you do not need to attend any court hearings as this is all dealt with on paper by a judge sitting in private.
The average divorce takes between 6 and 9 months, but this is wholly circumstantial and depends on whether the court are suffering from any backlogs. The statutory minimum period of time to obtain a final order of divorce is 26 weeks, as mandated by the change in law which came into force in April 2022.
Following the change in the law in April 2022, anyone can get a no-fault divorce, as long as they have been married for at least 12 months.
Meet the family law and divorce team
Philip Barnsley
Partner and Head of Family Law
Karen Gray
Associate - Family Law
Jodie Johnson
Associate - Family Law
Alex Sankey
Legal Assistant - Family Law
Ellie Norton
Principal Associate - Family Law
Rhian Gray
Partner - Family Law
