Divorce and Separation

Making the decision to divorce is not taken lightly. It can change your life and that of your children forever.

If your relationship is breaking down, it is a good idea to seek proper legal advice. If, ultimately, you want a divorce, we will lead you through the divorce process in a calm, professional manner, providing you with the fullest information and best advice possible. From starting out, to handling any court hearings and dealing with the forms and paperwork, we are there with you every step of the way.

Divorces are often played out in the media as protracted courtroom battles, with parties seeking to extract as much blood as possible from the other. Whilst this has happened, the best outcome is usually reached when both parties come together, accept that the divorce is happening and seek to resolve any issues sensibly.

No fault divorce

In order for the court to grant a divorce in the UK, it used to be the case that a couple had to have been separated for 2 years or more, or one party had to take blame for unreasonable behaviour, adultery or desertion, even if this didn’t happen. It was also possible for one of the parties to object to the divorce, thereby trapping the other in a marriage they didn’t want to be in.

In April 2022, the UK government brought in the Divorce, Dissolution and Separation Bill which allows for “no-fault” divorces. This means that nobody has to be blamed for the divorce and opens the door for an constructive, amicable divorce rather than expensive, bitter, legal warfare.

The new law introduced a minimum period of 20 weeks between the initial application and the finalisation of the divorce, giving time for reflection as well as time to make financial and other separation arrangements.

Who gets what in a divorce

We recognise the impact that a divorce can have on your life. This includes your financial and property arrangements, as well as arrangements for any children you have. There may be assets to divide up and joint mortgages to sort out. It seems quite obvious that property, vehicles, capital and valuables should be divided up, but what about the family dog?

There will be decisions to make with regard to your family home; one party may want to stay there so there may be an arrangement to be made. We can assist with all of these negotiations in order to obtain the best settlement for you.

What happens to the children in a divorce?

Children can be psychologically traumatised by divorce, but they can also be traumatised by parents that are constantly at war. If a divorce is going ahead, it is important to minimise the effect of the divorce on the children and prioritise their interests.

In most divorce cases, children will live with one parent and access (or contact) will be given to the other parent. Ultimately this depends on the circumstances though.

What if the parents can’t agree to terms of divorce?

Sometimes one or both parties in a divorce are unreasonable and make ridiculous demands of the other. If matters cannot be agreed out of court, then you go to court and have the terms of your divorce and arrangements for children settled by a judge.

With the benefit of experience, our divorce solicitors usually have a good idea what decision a judge will make based on the facts available, so we will use this knowledge to steer you in the right direction in the hope of avoiding costly protracted court proceedings.