When a marriage comes to an end, it is often a very difficult and emotional time. In order separate formally, there are steps you will need to take in order to divorce, and we are here to help and guide you through the process.
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No matter your circumstances, our experienced experts will help you move forward and start again. From straightforward cases with no assets or children to complicated matters involving high-value assets and businesses, we’ll ensure your case is handled with care, resulting in a fair outcome.
In April 2022, ‘no-fault divorce’ legislation was introduced in England and Wales. All that is required from the spouse who applies for the divorce (the “applicant”) is a statement confirming that the marriage has broken down irretrievably. It is possible to make a sole application, in that one spouse applies alone, or a joint application, where both spouses apply jointly. The court fee to apply for a divorce is £593.
It is no longer possible to proceed with a divorce relying on the old fault-based system which could include reference to the grounds for a divorce such as adultery and/or unreasonable behaviour. The new divorce process has reduced the animosity arising from the previous system and enabled couples to divorce more amicably.
The no-fault divorce process includes three stages:
Under this system a divorce will take a minimum of 26 weeks. You must also have been married for at least one year to apply.
Civil partnership dissolution is the formal separation process for those who are in a civil partnership, and the stages are the same as above.
No, this is a common misconception. Financial claims can remain live after divorce and it is therefore important that they are dealt with. Orders can often be made by consent without contested proceedings. You can read further information about finances on divorce.
Any existing will you have is revoked on divorce, and the rules of intestacy will apply which could mean that upon your death your assets may not distributed as you had intended. However, a will can be made in contemplation of divorce to prevent this. We recommend that any will you have is updated upon separation, and our Private Client team can help with this.
Our large Family team includes lawyers who’ve supported individuals involved in all types of separations and divorces, so it’s highly likely that one of our team will be the right divorce lawyer for you. Get in touch with us today to find out more.