DIVORCE Lawyers in London

The time it takes to finalise a divorce varies based on the individual circumstance. We work efficiently and swiftly to ensure we offer the best service possible for our clients. Other factors can slow the process i.e. response times by the spouses’ legal representation, coming to agreements of assets or custody if there are children involved, and any changes of circumstance.

Divorce costs vary depending on the individual circumstances of the divorce, splits of assets, change of circumstances and more. A fee of £593 must be paid to Her Majesty’s Courts & Tribunals Services to apply for divorce. Those on lower incomes can apply for further financial help from the government.

In order to divorce in England or Wales you must have been married for at least 1 year as well as a permanent home in the country.To apply for a divorce you must prove that your marriage has ‘irretrievably broken down’ based on one of the following 5 reasons;

1. Adultery
2. Unreasonable behaviour
3. Desertion
4. You have lived apart for more than 2 years and you both agree to the divorce
5. You have lived apart for at least 5 years

In UK law there is no grounds for divorce that covers ‘irreconcilable differences’, this is a law in USA.

Divorce Law Changes April 2022

From April 2022 a new law will come into force under which there doesn’t need to be blame placed on one party for the breakdown of the marriage and those seeking a divorce will no longer need to prove one of the 5 reasons stated above.The laws are changing due to criticism over current laws for being outdated and unnecessarily creating conflict between spouses. Criticism also came from having to prove why the relationship has broken down for others to judge and deem whether those reasons are valid.

Circumstances vary however, if those circumstances include 5 years separation or unreasonable behaviour, you will be able to proceed with the divorce, if it can be proven that your spouse received the papers. If the divorce is application is based on adultery or 2 years separation, it could be more difficult to proceed. This is due to needing written consent from the other party for the 2 years separation or an admission to the alleged adultery. It is common for those in their situation to change the grounds of the divorce to ‘unreasonable behaviour’.

It is rare for divorce cases to reach court proceedings. A non-confrontational process is often used. Solicitors who are members of Resolution, will encourage the use of alternative approaches to reach an agreement such as mediation and collaborative law. 

Legal aid is no longer available for most divorce cases except those that include;

• Risk of abuse or serious harm
• Forced marriage
• Risk of homelessness or losing your home
• You’ve been accused of a crime, face prison or detention
• You’re being discriminated against
• You need family mediation 
• Your case falls under the Human Rights Act

More information on legal aid can be found on the Government’s website.

Individual circumstances dictate whether a Solicitor will be required however, if there are any of the following included in the divorce proceedings then you should seriously consider using a solicitor.:

• complexities, 
• one spouse is unwilling to divorce
• there are children involved 
• You and your spouse own significant assets
• You and your spouse are in business together
• If there are overseas connections
• If either spouse has ever been declared bankrupt
• Financial dependency on either spouse

No, this would be a conflict of interest. Solicitors are not permitted to act on behalf of both parties.

No. Although commonly believed, the courts do not grant access and custody rights in all cases. If you have children, you will need to file a ‘Statement of Arrangements for Children’ form. This provides the courts with the basic details about the child(ren) including date of birth, where they go to school, who is responsible for the child’s care when at work etc. this form does not form the basis of custody or access rights. In most cases the parents will come to a joint decision, sometimes via mediation to ensure the interests of the child are kept at the forefront of any agreement. 

The financial agreement sets out how money and property will be divided. Normally the courts do not have to proceed over the financial agreement but it is advisable to use a family law or divorce solicitor to make your agreement legally binding. If the matter does go to the courts you will have to prove that you have attended a meeting to work out whether mediation is a possible resolution. 

The splitting of assets is a complex matter that relies on a number of factors including;

• The length of the marriage
• The financial assets
• Liabilities of the parties
• Any childrens requirements

This process is unique to each divorce and will be reliant on the willingness of each spouse.