We know feelings can run high during a relationship breakdown and we appreciate everyone is an individual with different needs. That is why our divorce solicitors offer a variety of approaches to suit you and help you move on with your life without conflict or doubt.

As well as dealing with the practicalities that come with the end of a relationship, many legal issues may need attention in the case of separation or divorce. Our specialist team will protect your rights and support you throughout the process. We can help you to agree on the future arrangements for your children, as well as advise you in relation to your financial assets.

About our separation and divorce solicitors

Our experienced and friendly team will explain the divorce process to enable you to legally end your marriage or civil partnership.

You already have enough to think about, so we can handle all the paperwork, engage in negotiations, and support you every step of the way.

We offer fixed fee arrangements for divorce applications so you won’t find any hidden costs along the way.

Recent changes in UK divorce law

In April 2022, a new legalisation was passed to make changes to the UK divorce law. As of this date, ‘no fault’ divorce has become the only option for couples who wish to divorce. This means that divorce proceedings can now be made solely or jointly without assigning blame to either party for the breakdown of the relationship. Instead, you must confirm to the court that your marriage has irretrievably broken down.

The difference between legal separation and divorce

The decision to separate or divorce is a huge consideration. The best option is often dependent on your individual circumstances and unique situation.

The biggest difference between a legal separation and divorce is that legal separation does not legally end a marriage, whereas a divorce does.

Legal separation, also known as judicial separation, allows you to separate from your partner but it does not legally end your marriage or civil partnership. For those with religious beliefs that prevent them from seeking a divorce and those married for less than a year, a legal separation can be an option to formally end a relationship. While legal separation frees you from the obligations of marriage, you will technically remain married and therefore, neither party can remarry.

Entering into a period of separation can also leave you financially vulnerable. You cannot file a financial settlement with the court, to ensure those terms are legally binding. This means that you also cannot put any pension sharing provisions into practice.

On the other hand, divorce is the process of legally ending your marriage. This means you will no longer be legally joined to your partner and your marriage will be terminated. Divorce cannot be reversed and legally marks the end of the relationship.

Divorce proceedings allow terms of any financial settlement to be recorded in a document known as a Consent Order. This is filed with the court for a Judge to approve, and the terms of the Consent Order become legally binding. It is usually very important for couples to record that there is a financial “clean break” in place, as this provides reassurance that no future financial claims can be made against the other. A Consent Order, recording a clean break, can only be put in place if divorce proceedings are underway and have reached the stage known as the “Conditional Order”.

Is annulment the same as divorce?

An annulment is not the same as a divorce. Whereas a divorce legally ends a relationship, an annulment declares a marriage null and void. An annulment can be granted if a marriage is deemed to be either defective or was never valid in the first place.

You should still consider what should happen to your children and finances upon your marriage being annulled, and we can assist you with that.

Why use Trethowans?

At Trethowans, our compassionate and understanding expert Family Law solicitors are here to help manage your legal separation or divorce. They are down to earth and offer client-centric advice tailored to your needs.

Here are just some of the reasons why you should choose us for a smooth and stress-free experience.

Free consultation

During your free consultation, one of our experienced divorce lawyers will explain the process of divorce and the options that are available to you. This time also allows you to address any additional concerns you have, including care of your children or financial issues.

From your free initial consultation right through to the end of your divorce or separation proceedings, our divorce solicitors will support, advise, and guide you.

Fixed-fee pricing

Offering fixed-fee pricing in relation to both sole and joint divorce proceedings, there will be no hidden costs along the way. Our fixed-fee services provide you with quality service you can rely on, from start to finish.

Recognised in the Legal 500 and Chambers and Partners

Recognised in the Legal 500 and Chambers and Partners, our services and solicitors are equipped to handle everything from complex cases to amicable divorce settlements. We always provide a professional and reliable service, so you always receive trustworthy and up-to-date legal advice.

Resolution members adhering to the code of practice

Our divorce lawyers are members of Resolution, which follows a code of practice to ensure that your personal data and circumstances are dealt with in the most dignified and constructive manner.

Dispute Resolution

Our specialist team are trained to provide you with a variety of options to help you reach an agreement in relation to finances or long-term arrangements for your children. We have trained mediators and collaborative lawyers, as well as lawyers who are trained to advise a couple together – One Couple One Lawyer Divorce.  We can help find the right option for you.

Contact us to book a free consultation

For more information about how we can help manage the issues involving the breakdown of your marriage, please contact us to book a free consultation today.

Frequently Asked Questions

  • If you and your partner have agreed to end your marriage then you can access the online divorce portal and apply for a divorce yourself. You are not required to have a lawyer, however, it is helpful to obtain legal advice to understand the legal consequences of the paperwork you are completing.

     

    The commencement of divorce proceedings also requires consideration as to what will happen with your finances, and what the arrangements for your children will be. It is sensible to get legal advice to consider all of these separate elements. A solicitor is also there to support you and help you reduce stress.

  • The court fee to apply for a divorce in the UK is £593. This is payable at the time the application is issued and is separate from any additional solicitor fees. The person applying for the divorce is responsible for covering the court fee but often couples agree to share the cost with one person reimbursing the other.

     

    If either of you have a solicitor, you will each be responsible for your own legal fees.

  • To be eligible for a divorce, you must have been married for at least one year and your marriage must be legally recognised in the UK. Additionally, the UK must be your permanent home or that of your spouse. Due to changes in the divorce law, you are no longer required to prove fault or formally blame or take the blame for the breakdown of your marriage. Instead, you are asked to confirm to the Court that your marriage has irretrievably broken down.

  • On average, the divorce process in the UK takes between eight and twelve months. A divorce is not usually finalised until a financial settlement is reached between the parties.

  • Before April 2022, to legally obtain a divorce, you had to prove the marriage had irretrievably broken down. To establish an irretrievable breakdown, you had to rely on one of the five grounds for divorce; adultery, unreasonable behaviour such as domestic abuse, desertion, separation for more than two years, and separation for more than five years.

    However, following the change to the divorce law in 2022, divorcing couples no longer need to prove or state why.

  • ‘No fault’ divorce was introduced in April 2022 and eliminates the requirement to place blame on either party or prove fault.

    This helps prevent conflict as couples are no longer legally required to state the reason behind their separation or divorce.

  • You do not have to be separated for a particular length of time before you can apply for a divorce. However, you need to have been married for at least 12 months to file for a divorce.

  • Once divorce proceedings have begun, they can be stopped by the agreement of both parties. This must occur before final orders are made by the court and the proceedings have been finalised.

     

    If your partner applied for a divorce on or after 6 April 2022, you can no longer defend the divorce proceedings.

  • This varies depending on your individual circumstances. The Court will take into account various factors to determine the financial division of your matrimonial assets. These include consideration of the following:

    • The financial resources available;
    • The financial contributions of both parties
    • The earning capacity of both parties
    • The length of the marriage
    • The needs of the parties
    • The needs of the children

     

    There is no set formula for how to divide any assets in a divorce, and it is really important that specialist family law advice is sought.

  • Mediation in divorce is the process of working through any differences and disagreements with the help of a neutral third party. The third person is called a mediator and will assist you and your partner in reaching an agreement and making arrangements regarding money, property, and children after separation. This process is designed to resolve conflict through communication rather than an adversarial court process.

  • Alimony is an American term that can be referred to in the UK. In the UK, we call it periodical payments or spousal maintenance. It can be ordered for one party to provide financial support to their former spouse each month, to ensure that they can meet their financial needs.

  • Spousal maintenance will automatically end upon the death or remarriage of the person receiving it. Usually other “trigger events” are agreed for when spousal maintenance will end. This could include children reaching a certain age, the receiving party starting to cohabit, or a specific date in the future.

  • Spousal maintenance is not always ordered by the Court or agreed between the parties. When deciding whether it is appropriate, a number of factors are considered, including the income of both parties, what their respective financial needs are, and their earning capacities.

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