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

Divorce costs vary depending on the individual circumstances of the divorce, splits of assets, changes in circumstances, and other factors. A fee of currently (September 2022) £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.

To divorce in England or Wales, you must have been married for at least 1 year, as well as have a permanent home in the country. There is now no need to prove fault when applying for a divorce you must simply show that the marriage has irretrievably broken down.

Divorce Law Changes April 2022

In April 2022, a new law came into force under which there’s no need for any blame to be 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 required under the old law. The laws are changing due to criticism of old laws for being outdated and unnecessarily creating conflict between spouses.

There are various ways in which the divorce can go ahead even if your spouse tries to keep his or her head in the sand. For example, the court can send a court officer to hand your spouse the papers or a private enquiry agent can serve them personally. Failing that, an application can be made to the court to enable you to go ahead with the divorce, even if your spouse has not been served with the papers.

It is rare for divorce cases to reach contested 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 one of the following factors:

• 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 UK Government’s website. This firm does not offer a legal aid service

Individual circumstances dictate whether a divorce solicitor will be required. However, if there are any of the following factors 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
• There are overseas connections
• Either spouse has ever been declared bankrupt
• Financial dependency on either spouse

Money Claims Survive Divorce – the need for a Clean Break

Many people going through divorce believe incorrectly that after the divorce there can be no further financial claims against them whether for maintenance, or property, or lump sums or pensions. But a divorce does not prevent either party making financial claims against the other. Some ex-spouses wait until their husbands or wives have retired before making claims against their pensions. The only way to prevent financial claims being made against you – even years after the divorce – is to get a financial order sorted out through the court during the divorce proceedings. One of the financial orders the court can grant is called a clean break order. After a clean break order has been approved by the court financial claims are closed off. And while we can fully understand why clients want to deal with their divorce without solicitors, to try and deal with a clean break order without a solicitor is almost impossible and runs the risk of claims against you in the future. Whatever you decide to do about your divorce please make sure you speak to a solicitor about how to prevent financial claims against you.

If matters are contested, no. This would be a conflict of interest. Solicitors are not permitted to act on behalf of both parties in these circumstances.

Firstly, the terms “custody” and “access” are no longer used in English courts. If there is a disagreement over where a child is to live, an application is made not for custody but for a residence order. The right for a child to see his or her parent/s or stay overnight is no longer called access but “contact”. If an agreement over residence and contact is reached between the parents, there is no need for the courts to intervene. The parents can agree for a consent order to be placed before the court so that there is a record of the agreement. But this is not necessary either. Only if matters regarding children are not agreed upon between their parents will the court get involved. In most cases, the parents will come to a joint decision, sometimes via mediation, to ensure the child’s interests are 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, such as:

• The length of the marriage
• The financial assets
• Liabilities of the parties
• Any children’s requirements

This process is unique to each divorce and will be reliant on the willingness of each spouse. Get in touch with our London divorce lawyers and solicitors if you’d like advice or further details about any of the themes covered in these FAQs.