Divorce and Separation

 

Unravelling years of partnership with your spouse or life partner can feel more than a little daunting.  It can help to get advice and guidance from a legal professional, who can support you to achieve the best possible outcome for you and your family.

At Family Law in Partnership, we approach divorce and separation with integrity and understanding. Our divorce lawyers and family law experts balance exceptional legal expertise with care and compassion to deliver tailored solutions, while carefully navigating the emotional impact of the decisions that need to be made.

We understand the complexities that come with profile and wealth, and always act with the utmost discretion, resolving issues away from the court arena wherever possible.

Whatever complexities you face, our family law specialists will guide you through the whole process with confidence and reassurance – always in partnership.

 

Expertise in Divorce & Separation →

The issues associated with divorce and separation may range from dividing your assets  to how you care for any children you may have. Our family law specialists will work in partnership with you and do everything we can to keep the emotional and financial cost to a minimum, whilst helping you to obtain a fair and just solution. If it is possible, we will help you to achieve an amicable outcome.

Our experienced family and divorce lawyers offer a truly holistic approach with representation on all issues including:

Support Services During Divorce & Separation →

The end of a relationship can bring unexpected challenges and concerns about an uncertain future. That is why we have developed a wellbeing hub with emotional and practical resources to guide you through the complexities and circumstances that you may face.  This support includes:

  • Divorce Coaching
  • Therapeutic Support from our in-house therapists
  • Parenting After Parting courses
  • Divorce Diaries sharing insights from others we have assisted
  • Invitations to our thought leadership talks

To find out more about the range of support that we offer, please click here.

Divorce Process →

No Fault Divorce was introduced in 2022, but there are some common misconceptions about the process, so we include a summary of the changes below.

The rule preventing a couple from divorcing within one year from the date of their marriage remained. Couples who wish to begin the process sooner can apply for a Judicial Separation – which means that some of the financial issues can be resolved, even though you will remain married.

Terminology

No Fault Divorce updated the language of divorce:

  • A Divorce Petition became an Application for a Divorce Order
  • The Petition became The Application
  • A Decree Nisi (the first decree of divorce) became a Conditional Order
  • A Decree Absolute (the final decree of divorce) became a Final Divorce Order
  • A Petitioner became an Applicant. 

Online Applications

An application for a Divorce Order using the “No Fault Divorce” route should be made using the new online No Fault Divorce portal.

Joint Applications

It is now possible for spouses to make a joint application for divorce. Sole applications will also continue to be available.  Where there is a joint application you will be referred to as The Applicants.

Irretrievable Breakdown

The sole ground for divorce  is ‘Irretrievable Breakdown’ and applicants will need to provide a statement of ‘Irretrievable Breakdown’ of the marriage. The key change from the previous procedure is that it is no longer necessary to prove that there has been adultery, unreasonable behaviour, desertion, two years separation (with consent) or five years’ separation (without consent).

Defended Divorce

It is no longer possible for a spouse to defend or prevent a divorce. If one spouse wants a divorce it will usually be granted. However, it will be possible to ‘challenge’ the divorce on limited grounds including lack of jurisdiction, validity of the marriage, fraud and procedural compliance.

Two Stage Process

The divorce process is in two stages, you will first receive a Conditional Order and then six weeks from that date, a Final Order.

A specific ‘cooling off’ period of 20 weeks was introduced in 2022, so that the Applicant(s) will not be able to confirm that they wish to proceed and apply for the Conditional Order sooner than 20 weeks from the start of the proceedings.

The quickest the whole process can be completed is 26 weeks from start to finish.

Your Team

 

You will have access to some of the very best family law specialists, along with leading mediators, arbitrators, family consultants and counsellors. There’s no one better to handle your case.

 

Team of Family Lawyers Talking

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