Divorce

The law sets a minimum timeframe for divorce, including a reflection period after filing and a further wait before the final order. Actual timescales depend on your individual circumstances. There is a minimum legal period of six months, which includes a 20-week and one day reflection period after filing, followed by a further six-week and one day wait before the final order.

If you’re also resolving financial matters or children arrangements, the overall process may take 12 to 18 months. Contested finances on divorce involve court hearings take longer. We work efficiently to progress your case while ensuring all legal requirements are properly met.

Legal costs depend on whether the divorce application is straightforward or not. You will need to pay a court fee to make your application. We will advise you on their charging rates and any other anticipated costs once we have a clearer understanding of your case, your aims, and any potential challenges involved.

No. Since April 2022, England and Wales operate a no-fault divorce system. You simply state that the marriage has broken down irretrievably. There’s no requirement to prove adultery, unreasonable behaviour, or any other fault. Either spouse can apply, or you can apply jointly. The other party cannot contest the divorce itself. Civil partnerships are dissolved through the same no-fault process.

No, you will need a separate order otherwise you and your ex-partner may still have financial claims that can be brought against the other. In order to settle these claims, you will need a financial remedy order with a clean break order. A financial remedy order can be made on a consented or contested basis. We’ll give you clear advice and guidance as to your options for achieving a settlement suitable for you and your family.

You will need a separate order dealing with your finances on divorce. This is separate to the divorce itself. Courts aim for a fair division, not necessarily equal. Factors considered include the length of marriage, each party’s income and earning capacity, standard of living during the marriage, ages and health, contributions including homemaking and childcare, and the needs of any children.

The starting point is often equal division of matrimonial assets, but this varies. Pensions, business interests, and inherited wealth require specialist valuation. We negotiate settlements that reflect your circumstances and protect your long-term security.

Parents are encouraged to agree arrangements for residence, contact, and parental responsibility. If agreement isn’t reached, then through separate children proceedings the court decides based on the child’s welfare as the paramount consideration. Factors include the children’s own wishes depending on age, maintaining relationships with both parents, and each parent’s ability to meet the children’s needs. Most arrangements are agreed without court proceedings.

Legal aid for divorce itself is very limited. You may qualify if you’re a victim of domestic abuse, with evidence such as police reports, a letter from a domestic abuse service, court orders, or GP letters from the past two years, and you meet strict financial eligibility criteria. Most clients fund their divorce privately. We offer transparent pricing and an initial fixed fee appointment, so that you have clarity about costs from the beginning.

You can still divorce if your spouse lives overseas, provided you meet the jurisdiction requirements for England and Wales. Generally, you qualify if you or your spouse are habitually resident here, or if you’re both domiciled here, or if you lived here for at least 12 months before applying. Serving divorce papers abroad requires specific procedures depending on the country involved. We can advise on jurisdiction and provide assistance in serving the divorce application.