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Going Through a Divorce?
Specialist family solicitors across Yorkshire, Lincolnshire, the North East and beyond.
Get in touch
At Pepperells solicitors our family department can provide you with advice on the most appropriate and cost effective course of action for you to take.
What We Can Help You With
Divorce affects your home, your finances, your children and your future. The decisions made during it carry weight, and they are usually made at one of the harder points in a person’s life.
Our family team is here to help you handle it clearly. We will explain where you stand, what your options are, and take care of the legal side properly.
Divorce In England & Wales Today
The law changed in April 2022. There is now non apportionment of blame in a Divorce, Divorce is therefore now no-fault, which means neither party has to prove the other did something wrong to end the marriage. Either of the parties to a marriage can apply for the Divorce, or you can apply together as joint applicants.
The process has three stages. After the court issues the application, there is a mandatory 20-week period before the person who applied for the divorce can apply for what is known as the Conditional Order. This is the first stage of the Court saying the should be a Divorce. Six weeks after that, the Final Order can be applied for by the person who applied for the Divorce and once granted, ends the marriage.
One thing the divorce process does not resolve is the financial separation between the parties. The legal end of a marriage and the financial settlement are separate. Without a financial order from the court, claims on each other’s assets, income and pensions can remain open for years after the marriage has legally ended. Most people are not aware of this until it becomes a problem.
Financial Settlements
The financial settlement can involve the family home, savings, pensions, investments and debts. If you are able to agree a Financial Settlement it can be recorded in a “Consent Order” and sent to the court to approve, which if approved becomes binding. If agreement is not reached, an application can be made to the court to determine the financial settlement and make the order.
We have a separate page covering financial remedy in full, here.
Children
Where children are involved, arrangements need to be worked out separately from the divorce itself. Where they live, how they spend time with each parent, how decisions about their upbringing are made.
Many parents reach workable arrangements between themselves, sometimes through mediation. Where that is not possible, a solicitor can help you understand your options and what the court would consider.W
What We Deal With
Our family team advise on:
- Divorce applications from start to final order
- Financial settlements, consent orders and financial remedy proceedings
- Property, income, pensions and asset division
- Mediation and negotiated settlements
- Child arrangements
- Domestic abuse and urgent protective orders
- Marriages that took place abroad
Your Questions, Answered
How long does a divorce take?
Usually a minimum of 26 weeks from the start of the application being issued by the court to the final order, because of the mandatory 20-week waiting period. Cases involving disputed finances or children arrangements can take longer.
Do I need a solicitor?
You can apply without one. The financial settlement is where legal advice has the most impact. Agreeing a settlement without a court order can leave issues open for years. Many people who handle the financial settlement themselves find problems arising long after the divorce itself is done.
How much does it cost?
The court fee for a divorce application is currently £628. There are other court fees and disbursements that may also be payable in respect of the Financial Settlement or Child Arrangements, should they also need to be resolved. Solicitor fees depend on the complexity of your situation and whether finances and children are agreed or disputed. We will give you a clear picture of likely costs from your first appointment.
What happens to the house?
The house is part of the financial settlement. Options include one party buying the other out, selling and dividing the proceeds, or, where children are involved, can sometimes lead to delaying a sale to a specific point such as when they finish school.
Can my spouse refuse to let the divorce go ahead?
No. Since April 2022, a spouse cannot contest the decision to divorce. They can raise procedural or jurisdictional points to defend an application, but as long as there is a valid marriage and the court has jurisdiction, they cannot prevent the divorce from happening.
I was married abroad. Can I divorce in England?
In many cases, yes. Whether the courts of England and Wales have jurisdiction depends on where you and your spouse are domiciled and habitually resident. Bring your original marriage certificate to your first appointment, along with a certified translation if it is not in English.
Will I have to go to court?
Very rarely. Most divorces, including those involving children, are handled without anyone attending a hearing. If finances are disputed and an application to court has to be made to determine the settlement, then attendance at court is very likely, but most cases resolve before that point.
Going Through a Divorce?
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Pepperells Limited, registered in England and Wales: No. 10244781 | Registered Office: 100 Alfred Gelder Street, Hull, East Yorkshire, HU1 2AE | Authorised & Regulated by The Solicitors Regulation Authority | Regulation Authority Numbers 636188, 638556, 638554, 647027, 668558, 807163, 818433, 832782, 830125, 8000373, 8007670, 8007671, 8009311, 8009312, 8013429, 8013430, 8013428 and 8013376 | www.sra.org.uk
Pepperells Solicitors are committed to ensuring that all Partners, Consultants and Employees give their full co-operation to the Legal Ombudsman in the event of any dispute or complaint against our firm, contact details of which can be found at www.legalombudsman.org.uk. VAT No. 365 0589 36