Divorce

You are Here:

Divorce

Our team of divorce solicitors are highly experienced and will work with you to make an informed decision as to whether a divorce or formal separation is appropriate for you and if so, when it would be in your interests to start the process.

Award-winning divorce solicitors

Our team of divorce solicitors are highly experienced and will work with you to make an informed decision as to whether a divorce or formal separation is appropriate for you and if so, when it would be in your interests to start the process.

We understand that divorce and separation can be stressful and upsetting and we will guide and support you through each stage.

In this short video, family solicitor and collaborative lawyer Alan Larkin sets out some of the options:

 

Our approach to the divorce process

  • We aim to adopt a non-adversarial approach to resolving matters and encourage the use of Mediation and the Collaborative law model.
  • We will provide clear advice and information specific to your circumstances.
  • We always focus on achieving practical, and cost-effective solutions.
  • We will signpost you to a network of third-party support to assist you through the process.
  • We follow the Resolution Code of Practice and Family Law Protocol.

In the unhappy event of you considering a divorce or separation our team of divorce solicitors will address the following:

  • How to minimise the emotional and financial cost;
  • Alternatives to a divorce; there may be other suitable options;
  • The options for resolving issues, for example through methods including mediation, the collaborative law model or arbitration;
  • Financial issues arising from your separation and possible divorce;
  • Issues involving your children, for example, where they live and the time they spend with each of you;
  • Wills and claims against your respective estates.

Please remember divorce does not have to be a contentious process. Our team of divorce solicitors will look at how to manage this difficult and emotive process in a sensitive and amicable way. This may be a good time to give careful consideration to what options are available to resolve matters, for example mediation and/or collaborative law.

For further information, download our factsheet which outlines the procedure for divorce.

Our divorce and separation services:

Divorce

The traditional court process that most people are familiar with, is just one option when it comes to divorce. Our team of specialist divorce lawyers include mediators, arbitrators and collaborative lawyers as well as family law solicitors, and can help you find a process that is right for your unique circumstances.

Civil Partnership dissolution

Anyone who has been in a civil partnership for a year or more can start the dissolution proceedings provided one of your permanent places of residence is in England and Wales or one of you has been resident here during the last year. It does not matter if the civil partnership was registered in another country. Like divorce, there is only one ground for dissolution and that is that the civil partnership has irretrievably broken down.

Informal separation

Informal separation usually means one person moving out of the property or family home.  If this has happened, then the date of informal separation is straightforward and is an important key date when it comes to taking the next steps forward.

Judicial separation

Sometimes known as ‘legal separation’, judicial separation is a formal separation where the court makes decisions about finances and assets, but the marriage itself is not legally ended.  Judicial separation is fairly uncommon, however may be an option for those who do not wish to divorce for cultural or religious reasons.

 

Why Family Law Partners are the divorce solicitors for you

Family Law Partners is an award-winning team of family law specialists. Unlike other family lawyers, we proactively guide you towards a method of dispute resolution with the aim of saving you time and money. We are passionate that divorce doesn’t have to equal court, and our team of solicitors, mediators, collaborative lawyers and arbitrators can work with you to ensure the best outcome for you and your family.

If you would like an appointment with one of our specialists in Brighton, London, Horsham, Essex, North Hampshire & Surrey or South/Mid Hampshire then please contact us on 0330 055 2234.

Answering common questions about divorce:

How does divorce work?

It is a daunting prospect to start divorce proceedings and many people want to better understand the divorce process before they take the first step. So, how does divorce work? In our experience, it almost certainly starts with finding the right family law specialist to guide and support you.

What are the grounds for divorce?

In England and Wales there is only one ground for divorce, which is that there has been an irretrievable breakdown of the marriage. In order to prove this, the person filing for divorce (called ‘the petitioner’) must prove one of five facts. These are as follows:

  • Adultery
  • Behaviour
  • Desertion
  • Two years’ separation with the consent of the respondent
  • Five years’ separation (no consent required)

How long does a divorce take?

Unfortunately, there is no ‘one size fits all’ answer to this question. Timescales will largely depend on the individual circumstances of each case. There is more information about how long a divorce takes in our blog here.

How much does a divorce cost?

The cost of divorce can vary from couple to couple, and various factors –  including complexity, degree of conflict and the approach taken –  can impact the fees involved. A good divorce lawyer should seek to work with you to minimise costs, however there are inevitably unavoidable costs associated with divorce proceedings.

Our team of divorce solicitors understand that the issue of costs and how to pay for a divorce understandably causes a great deal of stress and worry. Fortunately, people have more options than they may think when it comes to funding a family law case, which we have outlined here.

Who pays for divorce?

As we have outlined in some of the questions above, the issue of cost varies in each case. The same is true with who pays for divorce. Usually the person applying for the divorce (the petitioner) pays the court fee and their own legal costs up front , but this isn’t always the case. In some circumstance it may be possible for them to recover those costs, or a contributions towards them, from the respondent. We recommend to clients that the best approach, whenever possible, is to work together from the outset to reach an agreement as to who will pay the costs.

Who gets the house in a divorce with children?

Like many aspects of divorce, there is no set formula for how things are ‘divided up’. It can vary from case to case, with factors such as income and other assets (e.g. pensions) all being taken into consideration. When it comes to children and divorce, any court decision regarding what happens and who stays in the family home will consider the children’s welfare first, and then both spouses or civil partners secondary.

We’re here to guide and support you.

Let's start with a call, there's no obligation, and our expert team can advise and guide you from the beginning.

Get in Contact