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Family Law Services Divorce and SeparationDivorce

Divorce

Once you decide that you want a divorce, we’re by your side to make the process as smooth and bearable as possible.

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How to get a divorce?

You can apply for a divorce if your marriage has lasted longer than a year, and it has now permanently broken down.

There are five separate stages to the legal process.

This will either be an individual or a joint application. It’s a straightforward form with basic information about your names and addresses.

You’ll need to provide your marriage certificate and pay the fee when you submit it. If it’s a joint application you can decide how to split the costs with your spouse.

As your solicitors, we can make the application for you if you’d like us to.

In the case of individual applications, the other person will need to complete an Acknowledgement of Service form.

In this period you can agree some of the practical arrangements for your future, or change your mind if you want to.

You then apply to the court for a conditional order. The court reviews it and decides if you are entitled to a divorce.

Lastly, you apply to court for a final order. Once this order is issued by the court, then the marriage is ended.

What about the children?

One of your top priorities in divorce proceedings is what happens to your children. We listen to you to understand how you want the future to look.

We’ll help you consider where your children will live, how much time they spend with each parent, and the child maintenance arrangements you’d like to achieve.

We fight your corner in negotiations, keeping the best interests of your children at the centre of the discussions.

Child arrangements

Dividing up the assets

Deciding how to split your assets is often the most difficult part of a divorce. We clarify what you’re entitled to in law, and we can help you find a fair settlement.

Spouses usually have to consider things like:

Their house
Money in bank accounts and investments
Pensions
Shared outgoings

If you have considerable assets or assets overseas, there may be additional complexities to consider. We guide you through your High Net Worth divorce.

Once you’ve agreed how the assets will be divided, we record it in a Consent Order, which is rubber-stamped by the court.

High net worth divorce

No fault divorce

Since 2022, you no longer have to apportion blame between you and your spouse for the breakdown of your marriage. You can get a ‘no fault’ divorce and say that your marriage has broken down irretrievably.

Before this change in the law, you’d have to accuse your spouse of ‘unreasonable behaviour’, or adultery, or prove that you’d been separated for a few years before you could get a divorce.

Now you can agree to get divorced without having to point the finger, or wait longer than you want to.

A steer on costs

We understand that going through a divorce can be difficult emotionally and financially.

Coming to an amicable settlement with the other party early on can keep the costs to a minimum throughout this process.

The court fee for filing for divorce in England and Wales is £593 (at the time of writing, August 2024).

This will rely on how the conversations go with your spouse and we do understand that sometimes agreeing is not always straightforward.

The costs can increase if there is to-ing and fro-ing, and applications to court, this will have a direct impact on lawyer fees and court fees.

We do our best to keep costs down for you, and we’ll always give you transparent advice on costs.

Our approach as lawyers

Finding the right lawyer for you is an important step in divorce proceedings. You need to feel supported, understood, and cared for during the process.

What we offer is so much more than just a service; we provide an ecosystem of care. We’re on your side during the process and we keep you in the loop to take away the uncertainty as much as possible.

As members of Resolution, we strive to achieve an amicable solution, and find constructive ways to make your new family dynamic work for everyone.

We’re robust when we need to be and we stand up for your rights. We explain the legal situation to give you a clear idea of your options and we negotiate to achieve the outcome you’re looking for.

Mediation

Mediation is an opportunity for you and your spouse to discuss your financial settlement and your family arrangements. It happens away from the court and the court won’t know what was said during the meeting.

Lawyers can sometimes be there too, to help you understand your legal rights. It is a confidential discussion about what you want to do. It’s your chance to decide the arrangements between yourself, rather than handing it over to a judge.

It’s usually a good option for couples where the split is fairly amicable.

Find out more

Simone's Story

Head of our Newbury office, Edward Morton went abvoe and beyond for Simone to achieve the best outcome possible.

Here is what Simone had to say:

"Ed has been amazing throughout the last two years as my life literally fell apart during divorce. He is so knowledgeable and helped me to secure an 750% increase on the initial deal I’d agreed with my ex husband. He helped me understand every step of the process and was amazing at advocating on my behalf. Alongside being pleased with the outcome I’ve had, for me the biggest positive is that Ed was always, always, kind and encouraged me to find the strength to keep fighting for a better outcome. Ed is warm and engaging, easy to communicate with and most importantly is very clear that he is on your side. It’s been a real privilege to have him in my corner and I genuinely cannot rate him highly enough. 5 stars is the max I can give but he easily deserves at least 127."

Supporting you through the process

It’s always best to meet us in person to decide if we’re the right lawyers for you. That’s why we give you a free consultation, without any obligation to continue if you don’t want to. To book yourself in for a chat and an initial view on your legal position, please get in touch.

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Awards & Recognitions

We’re recognised by the Legal 500 as a Leading Firm in a number of practice areas. That means that an external, objective body has scrutinised our competency and client reviews, and found us to be one of the top family law practices in the UK.

Our lawyers are members of Resolution, so we are committed to a Code of Practice which promotes a constructive approach to family issues that considers the needs of the whole family.