Separation and divorce solicitors

Even in the most amicable separations, important decisions must be made – especially where children and financial matters are concerned. If you are married or in a civil partnership, divorce or legal dissolution may not be your immediate priority.

A separation agreement (also known as a deed of separation) helps clarify key arrangements such as childcare responsibilities and division of your assets, reducing the risk of misunderstandings or disputes. It can provide financial stability and gives both parties time to consider their next steps before making any final decisions about divorce. A well-prepared separation agreement can also help streamline future divorce proceedings if needed.

If one party does not uphold the terms of the agreement, the other may take legal action. However, for the agreement to be legally robust, it must be properly drafted by an experienced solicitor. Our family law and divorce solicitors can guide you through this process, ensuring your agreement is fair, valid and suited to your circumstances. Get in touch to explore whether a separation agreement is the right option for you.

Many people think of divorce as resolving all issues arising from the end of a marriage. However, legally, divorce only refers to the formal dissolution of the marriage itself. Matters such as finances and childcare are handled through separate legal processes.

That said, these issues are usually deeply connected. Our divorce solicitors will take the time to understand your circumstances and advise on the best approach, ensuring the process is as smooth as possible.

Legal grounds for divorce

On 6 April 2022, the introduction of no-fault divorce made it possible for couples to end their marriage without assigning blame. Now, a divorce can be granted on the grounds of irretrievable breakdown without the need for one party to prove wrongdoing. This replaced the previous system, where one spouse had to cite unreasonable behaviour, adultery or a long period of separation.

The divorce process

Either party, or both jointly, can apply for divorce. The other spouse can only contest it on very limited legal grounds. Once an application is made, there is a minimum 20-week waiting period before applying for a conditional order. This time allows couples to reflect on their decision and make necessary arrangements. After that, there is a six-week wait before the final order is granted, which legally ends the marriage.

Financial matters and childcare arrangements

Since April 2024, family court rules require separating couples to consider non-court dispute resolution (NCDR) before litigating financial and childcare issues. NCDR includes mediation, collaboration and arbitration, offering a constructive, less stressful and more dignified way to settle disputes. However, if communication has broken down, you have safety concerns or you fear your partner may take advantage of you, court proceedings may be the best option.

How we can help

The key to a smooth, cost-effective divorce is seeking legal advice early. Our experienced divorce solicitors will help you navigate your options, ensuring a less stressful, more affordable and efficient process. We’ll guide you through each stage, handling all paperwork accurately and within required deadlines so you can focus on the way forward.

The legal process of ending a civil partnership is known as dissolution. Before applying, you must have been in the partnership for at least one year.

Like divorce, dissolution is handled by the court, and financial provision can be applied for through maintenance, lump sum payments, property transfer or pension sharing orders. If children are involved, you can also seek financial support for them.

There are three key stages to dissolving a civil partnership:

1. Filing a dissolution application: You must complete and submit a dissolution petition to the appropriate court.
2. Receiving a conditional order: If the court finds no legal reason to prevent dissolution, a conditional order is granted.
3. Final order: This legally ends the civil partnership. The court will issue this once all necessary steps have been completed.

Our experienced family law solicitors can provide expert advice to ensure this process is handled smoothly and efficiently.

When an unmarried relationship ends, neither partner has an automatic right to financial support from the other – even if they were financially dependent on them throughout the relationship.

Unless assets are jointly owned or there is a legal agreement in place such as a cohabitation agreement, an unmarried partner has no automatic right to claim a share of property or assets held solely in the other person’s name. The only possible exceptions apply to the shared home, where a claim may be made on behalf of the children or if you can provide evidence of financial contributions towards the property.

Financial support for children

If a child is born outside marriage or civil partnership, both parents are responsible for financially supporting them. Ideally, this is agreed upon mutually. However, if one parent is not providing adequate support and an agreement cannot be reached, the Child Maintenance Service may need to step in to assess and enforce payments.

In certain cases, a parent may also apply for financial provision under Schedule 1 of the Children Act 1989. This allows the family court to order financial support from the wealthier parent, usually until the child turns 18.

If you are concerned about your financial rights after separation, our family law solicitors can help you understand your options and ensure the best possible outcome for you and your children.

Sorting out financial matters is often a top priority when separating or divorcing, especially when children are involved. Ideally, both parties should reach an agreement amicably, prioritising the needs of any children first.

Before making any financial decisions, both parties must provide full financial disclosure. Whether assets are held jointly or individually, transparency is essential for a fair settlement.

How are assets divided?

A 50/50 split is often the starting point, but the final division depends on various factors, such as each party’s earning potential and financial needs, their age, health and proximity to requirement, the standard of living during their marriage, and whether a clean break is desired or spousal maintenance is required. Every case is unique and reaching a fair settlement requires careful consideration.

Reaching an agreement

If an agreement cannot be reached, mediation is strongly recommended before resorting to court. Court proceedings can be costly and should be a last resort. However, legal advice is crucial to understand how a court might divide assets if an agreement isn’t possible.

Finalising the settlement

Divorce does not automatically settle financial matters. A separate financial agreement must be approved by the court to ensure it is legally binding. Without a final court order, either party could make future financial claims, even if the assets seem minimal at the time.

Our expert divorce solicitors can guide you through the process, helping you achieve a fair and secure financial settlement while avoiding unnecessary conflict.

During separation the children’s wellbeing should always be a priority, ensuring they are impacted as little as possible by the changes.

The court’s approach is that children have the right to a meaningful relationship with both parents, provided it is safe. If parents disagree on what is in the child’s best interests, mediation is encouraged to avoid court proceedings.

Child arrangements

Parents can apply for a Child Arrangement Order, which sets out where the child lives, how they spend time with each parent and the types of contact (e.g. in-person visits, phone calls, messages or written communication).

Financial support for children

Where possible, parents should agree voluntarily on child maintenance and additional costs such as education, hobbies or clothing. Writing down the agreement can help prevent misunderstandings. The court typically only intervenes in exceptional cases, such as expenses for a child’s disability or when a parent or child lives abroad.

Grandparents’ rights and other child-related matters

While grandparents have no automatic legal right to contact, courts generally encourage maintaining these relationships unless there are concerns about abuse or harm.

If parents cannot agree on other aspects of a child’s upbringing, a court application can be made. However, the court will always act in the child’s best interests.

Our experienced family law and divorce solicitors can provide expert guidance, helping you reach the best possible outcome for you and your children.

If you’re a British national living abroad or a foreign national living in England or Wales, choosing the right country for your divorce or dissolution is crucial. Different jurisdictions have varying laws on property division, maintenance, pensions, trusts and childcare, which can significantly impact the outcome.

Can you divorce in England and Wales?

You may be able to file for divorce in England and Wales if:

• You and your partner have lived in England or Wales for six months or more
• You and your partner are resident in England or Wales
• Either of you is domiciled in England or Wales

The country where divorce proceedings are first issued often determines which court has jurisdiction. Even if your divorce is processed in England and Wales, overseas assets, businesses or childcare arrangements may involve multiple legal systems, making expert guidance essential.

Child relocation

A relationship breakdown can complicate childcare arrangements, particularly if one parent wants to move abroad with the child. In such cases, the parent must have written consent from the other parent or legal guardian. If consent isn’t given, court approval is required before relocating.

Our experienced divorce solicitors can help you navigate complex cross-border legal issues, from jurisdictional disputes to international child arrangements.

Domestic abuse can take many forms, from controlling or coercive behaviour to threats, physical violence, sexual abuse, financial control or emotional harm. Abuse is never acceptable, and the law is there to protect you.

If you are experiencing abuse, legal protections are in place to help you regain safety, security and control over your life. Depending on your situation, you may be able to seek:

• A non-molestation order: A court order preventing your abuser from harassing, threatening or contacting you. Breaching this order is a criminal offence.
• An occupation order: If you need to remain in your home, this order can require the abuser to leave, ensuring your safety.
• Police intervention: The police can issue harassment warnings or domestic violence protection orders, or take direct action depending on the circumstances.

We understand that reaching out for help can feel overwhelming. Our experienced and compassionate family law solicitors will listen to your situation in complete confidence, explain your legal options and help you take the next steps to protect yourself and your loved ones.

We can:

• Help you apply for urgent court orders to stop the abuse.
• Work with authorities to ensure your safety.
• Advise you on housing, finances, and child arrangements.
• Provide discreet and sensitive legal support tailored to your needs.

You don’t have to face this alone. If you are in an abusive relationship and need legal advice, contact us today – we are here to help.