Specialist divorce solicitors

To get a divorce you need to have been married for over 12 months.

The good news is, you no longer need to prove to the Court that your marriage has irretrievably broken down on the grounds of adultery, unreasonable behaviour, two years separation with consent, desertion or five years separation.

To apply for a divorce, you will need:

• Your marriage certificate. If you do not have it, you can obtain a copy from a register office. (If it is not in English, you will need a certified translation.)
• You and your spouse’s full name and address. If your spouse’s address is unknown, the Court will expect you to show that you have made reasonable attempts to locate them and make them aware of the proceedings.
• Proof of your name if you have changed it since getting married.

The total cost of a divorce will always depend on the complexity of the case in question, but the costs related to the divorce process alone should be a roughly known figure that we can confirm once we know your circumstances.  Orders for one party to pay the other’s divorce costs are now rare and you should expect to meet your own costs and the Court fee.

If you and your partner mutually agree that your marriage is over, the cost of divorce is generally lower and can potentially be agreed to be shared. Costs tend to increase if you can’t agree on important matters such as the financial settlement and childcare arrangements, particularly if it goes to Court.

No matter your situation, our divorce solicitors will always discuss the potential financial consequences with you and provide you with a quotation at the start giving our best view on how much your divorce will cost.

Our divorce solicitors’ legal fees are extremely competitive and tailored to your needs.

The general rule in the divorce itself is that each party should expect to pay their own costs, and the Court fees needed, unless they agree otherwise between them.

In financial or child arrangement cases, each party should still prepare to pay their own costs, although there are circumstances where that may not be the case. Applications or orders for costs can be considered, for instance where one party has no income to rely on for legal fees in their financial claims on divorce.

We will always discuss with you the likely costs consequences of taking a matter to Court before deciding on the best course of action.

Whether or not you get some or all of your costs back, you will need to fund your legal fees yourself in the first instance. However, there are a number of ways that your legal costs can be paid, for example:

• Fixed fees – you may be able to get a fixed fee structure put in place for part, or all, of the divorce process.
• Litigation loans – you could get a litigation loan to cover your legal fees. This means that you borrow the funds you need for the fees, with the loan secured on the assets you retain.
• Legal expense allowance – if there’s a significant imbalance in wealth between you and your ex-partner and you have no other way to meet your legal fees, we can advise you on applying to the Court to have them cover your fees on an ongoing basis.

We understand that divorce costs can be a concern during an already stressful time and will regularly update you throughout your case.

The answer is: it depends. The efficiency of the Court in processing divorce applications may affect how long the process takes. The divorce process itself takes some 26 weeks from when it’s officially started. Other factors, such as dealing with any financial matters, may delay completion of your divorce for some time longer.

Generally, if you go through mediation or collaboration, it can take less time to resolve these matters than through Court litigation.

The process varies slightly depending on whether you are a sole applicant or have applied jointly with your husband or wife. The timeframe for joint and sole applications is more or less equal.

According to government guidelines, the divorce process in England and Wales is:

1. You submit your divorce application (either sole or joint)
2. Your application is checked and if everything is in order, you and your spouse will be sent the necessary documents
3. You must wait 20 weeks before you can apply for a conditional order (previously referred to as a decree nisi)
4. If the judge agrees, you receive a certificate telling you the time and date your conditional order will be granted
5. You will then have to wait 43 days (6 weeks and 1 day) before you can apply for a final order (previously referred to as a decree absolute)
6. Once your final order is granted, you are divorced.

Going to Court is usually the last resort in divorce cases. Resolving issues through mediation or collaboration often negates the need to go to Court.

You may have to go to Court if one party contests the divorce going ahead, although this now is very rare.

While the settling of arrangements for children and financial issues takes place separately from your divorce, you may need to go to Court if they cannot be agreed on by both parties.

Every divorce is different, and the Court will use its discretion to try and divide assets as fairly as possible.

When a divorce application has been filed at Court, either party can apply for financial orders. The orders available (in brief) include the following:

• Periodical payments (also known as maintenance)
• Lump sum orders (money)
• Property adjustment orders (altering the ownership of the property)
• Pension sharing orders and pension attachment orders.

Divorce financial settlements can be the most complicated aspect of the process and an equal split in property and finances between the two parties will not be suitable in every case.

Dependent children and their needs will affect how the Court decides to divide assets. Other factors that can have a bearing on the division of assets include:

• The earning potential of each party following the divorce
• The future financial responsibilities of each party
• In cases including children, each party’s involvement in the family’s welfare – for example, unpaid childcare or maintaining the family home will be taken into account by the Court.