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If your marriage has run its course and you are ready to start moving into the next phase of your life, our top team of divorce solicitors can help you get a divorce.
We understand that the process can be daunting and if you have children, you will likely be concerned about the impact it will have on them. We are known for our empathetic yet practical approach to divorce matters. Our experts can provide clear divorce advice on your rights, so you know exactly what you can expect to achieve.
We will aim to make the process as smooth and straightforward as possible. As members of Resolution, we are known for helping individuals find positive solutions to divorce related issues (such as finances and childcare arrangements) without going anywhere near a courtroom.
If you require further advice or would like to discuss arranging an initial meeting with a member of our family team, please contact us on 01689 887885 or fill in our enquiry form.
Our divorce solicitors can assist with…
- Divorce proceedings
- Divorce and finances
- Arrangements for children
- Separation agreements
Our divorce lawyers’ expertise
Our Family Law team supports a wide range of clients with divorce, separation and related issues. We are based in Orpington and work with clients in London, Kent and across the South East.
We are ranked for Family/Matrimonial Law by leading legal directory Chambers & Partners with Partner and Head of Family Law Claire Schneck also being individually ranked.
The team has particular expertise in high value divorce settlements and other complex matters needing specialist handling.
Our divorce solicitors’ fees
For some matters, we can offer fixed fee divorce advice, while for others, we will charge according to an hourly rate. During your initial consultation with our team, we will explain the likely costs involved in your divorce, so you have a clear understanding before deciding how to move forward.
How our divorce solicitors can help
Divorce proceedings
In April 2022, no-fault divorce was introduced meaning the divorce process is now relatively straightforward. However, it is strongly advised to seek specialist divorce advice before starting proceedings to make sure you fully understand the likely impact on your finances, children and any other key issues.
All petitioners will need to do to get a divorce is to provide statement that the marriage has irretrievably broken down. This means that it will no longer be possible for one party to object to the divorce because they disagree with the reason provided.
Divorce and finances
During the divorce process, you and your spouse will need to decide how to divide and arrange your finances, such as whether you should sell the family home and how you should split savings and pensions. Your finances will be dealt with separately to the divorce and the Final Order is often deferred until the finances have been resolved.
For further information, please visit our division of assets on divorce or dissolution page.
Arrangements for children
With our help, most parents are able to come to a voluntary arrangement about where the children should live and make key decisions such as where they will go to school. This can make the divorce process much easier on your children. However, wherever necessary, our divorce law solicitors can also help you take court action to ensure that the final outcome is in the best interests of your children.
For further information, please visit our children issues page.
Separation agreements
If you and your spouse have separated but do not wish to divorce yet or wish to wait until you have been separated for two years, you could sign and execute a Deed of Separation setting out the agreement you have reached. This would include a clause that you both agree to put the agreement into a Consent Order for the court when you divorce in the future.
A Deed of Separation is usually binding in future divorce proceedings, unless there is a significant change in circumstances. You should both seek independent legal advice and give full financial disclosure in order to ensure that the Deed is as binding as possible.
Divorce FAQs
What is no-fault divorce?
No-fault divorce refers to the rules for divorce now in force in England and Wales that mean you do not need to assign blame for the end of a marriage as part of divorce proceedings.
In April 2022, the Divorce, Dissolution and Separation Act 2020 came into effect, introducing no-fault divorce. Before this, a divorce application needed to give one of five accepted reasons for the marriage ending, three of which involved one spouse taking the blame and the others requiring the couple to live separately for years before applying.
Now, all that is needed for a divorce application is a statement that the marriage has “irretrievably broken down” with no requirement to justify why this has occurred.
What are the grounds for divorce?
There is only one grounds for divorce – the irretrievable break down of the marriage. As stated above, you previously needed to give one of five accepted reasons for this, but thanks to the introduction of no-fault divorce, this is no longer the case.
How to get a divorce
The key steps in the divorce process are:
- You complete a divorce application. This is normally done online but can be done on paper if you prefer. You can apply alone (a ‘sole application’) or you and your spouse can apply together (a ‘joint application’).
- The court issues the divorce. This is a formality which will happen automatically as long as there are no issues with the application.
- (Sole applications only) A copy of the application is sent to the respondent. The spouse who did not start the proceedings is referred to as the ‘respondent’. The court will send a copy of the application to them and they must complete and return an ‘Acknowledgement of Service’ form to confirm they received the application.
- You apply for the Conditional Order. 20 weeks after the application was issued by the court, you can apply for a Conditional Order that confirms the divorce can go ahead.
- You apply for the Final Order. 6 weeks after the Conditional Order is granted, you can apply for the Final Order that legally ends your marriage.
How much does a divorce cost?
The cost of divorce will depend on the circumstances. There is a £593 court fee to apply for a divorce (correct as of June 2023). On top of this, you will need to consider your legal fees, as well as potentially other costs, such as for making a new Will.
How long does a divorce take?
Under the new divorce rules in place since April 2022, there is now a minimum timeframe of 6 months for a divorce. This is because of two mandatory wait periods that are part of the process.
First, you must wait 20 weeks from your application being officially ‘issued’ by the court before you can apply for the Conditional Order that confirms there is no reason your divorce cannot go ahead. Once the Conditional Order is granted, you must wait a further 6 weeks before applying for the Final Order that legally ends your marriage.
This gives a total combined wait period of 26 weeks i.e. 6 months.
The process of dividing your finances and making arrangements for children can potentially take longer, so it is important to be realistic about how long your divorce is likely to take.
Contact our divorce solicitors in Orpington
If you require further advice or would like to discuss arranging an initial meeting with one of our solicitors for divorce, please contact us on 01689 887885 or fill in our enquiry form.