Divorce Lawyers

Getting divorced usually takes approximately six to eight months, although timescales can vary. In most cases it is a paper process and there will be no need for you or your spouse to attend court. Either party can apply for a divorce and applications can also be made jointly.

The process begins with a divorce application being filed with the court together with the court fee.

The application

The application confirms that the marriage has irretrievably broken down. Since the introduction of no-fault divorce there is no requirement to rely on adultery, unreasonable behaviour, separation or any other fact. The court does not consider who was at fault for the breakdown of the marriage.

The conditional order

Once the divorce application has been issued there is a mandatory 20-week reflection period before an application can be made for a conditional order.

If the court is satisfied that the application has been properly dealt with, it will issue the conditional order confirming there is no legal reason why the divorce cannot proceed.

Applying for the final order

The final stage is the issue of the final order. An application for a final order can be made six weeks and one day after the conditional order has been pronounced.

The final order formally ends your marriage.

We charge a reduced fee of £250 plus VAT (£300) for the initial meeting.

For an uncontested divorce the fee will be in the region of £600, plus VAT, and the court fee of £612 to include preparing the divorce application and progressing the matter to final order. If there are complications, if your spouse does not engage or if there are service issues, the fee may increase.

The costs of resolving the finances and child arrangements will depend on the complexity of the case and the stage at which an agreement is reached. For more detailed information on our fees please contact us to arrange an initial meeting.

For those that do not wish to divorce for religious or other personal reasons but wish to formalise their separation and live apart you may want to consider a judicial separation. This could also be an option for those who have not been married a year. If you wish to live apart from your spouse and separate your finances we can also assist with agreeing the terms of a separation agreement.

We also advise on the process of annulment which will declare a marriage null and void.  A decree of nullity can declare the marriage ‘void’ which means that the marriage was never legally valid in the first place or ‘voidable’ which means that the marriage is defective.  The grounds for annulment are very specific and so it is important to seek legal advice at an early stage to determine whether you meet the relevant criteria and to guide you through the process.

What is Family Mediation?

Family mediation is a confidential form of dispute resolution for separating couples. A mediator is a neutral third party who is trained to help a couple resolve issues surrounding their separation, such as housing, finances and the children. Often described as ‘a better way’ than battling things out in court, mediation keeps the separating couple talking and listening and aims to improve communication even in the trickiest cases.

The mediator’s role is to help you to clarify what issues you can agree on and what issues need to be resolved. Mediators that are legally trained can give you legal information but will not advise either client specifically, as their role is impartial – they will not ‘take sides’. By exploring the options with you both in detail, it is hoped that a workable solution can be found.

When do you mediate?

Mediation can be used to tackle certain issues or a whole range of issues on divorce/separation. Often clients will have consulted solicitors and it is recommended that they retain their services to provide them with specific advice along the way. Some clients will only use mediation until an agreement is reached. Once an agreement is reached in mediation (because the agreement remains confidential), the solicitors will then draw up a legally binding document to be filed at the court.

Benefits of mediation

There are many benefits of mediation, but a few are listed here:

1. Mediation can be less stressful, less time consuming and less costly than the court process. The timetable is set by the clients to fit their own busy lives.
2. Mediation gives the couple the power to address their issues between themselves and make their own proposals rather than having a decision ordered by the court.
3. Mediation provides a controlled and managed environment to discuss often tricky issues.
4. Clients can cover all aspects of separation/divorce within mediation.
5. By communicating with each-other directly, mediation can help clients to both move on from the relationship with dignity and look ahead to the future, rather than dwelling too heavily on the past.
6. Mediation is less expensive as clients split the cost of the mediator’s hourly rate between them. Most work is done in the sessions themselves so costs can be kept down.

For more informationThe Resolution website and Government website have detailed information available about mediation. Should you wish to know more and whether it may be the right process for you, please contact us.

Will a divorce impact on the financial settlement?

The divorce process itself is separate from financial matters. The court will consider fairness, needs and the financial circumstances of the parties when deciding financial issues. Conduct will only be relevant in exceptional circumstances.

What if my spouse does not cooperate or agree with the divorce?

Under the current no-fault divorce system it is very difficult to dispute a divorce application. If your spouse does not engage with the process additional steps may be required to prove service or progress the application.

Does it matter who starts the process?

If possible, it can be sensible to discuss with your spouse whether one person should apply alone or whether a joint application is appropriate. The applicant generally has greater control over the pace at which the divorce progresses, including applications for the conditional order and final order.