Getting divorce advice at the earliest stage can be hugely beneficial. Call our team to discuss starting and financing your divorce application, your rights and how we can support you through this distressing time in your life.
Deciding to apply for a divorce can be very difficult, especially when children, property and other assets are involved. Working with lawyers and solicitors for divorce can bring clarity and calm to a potentially overwhelming process.
It might be the first time you’ve had to approach the divorce process and this may be daunting and unfamiliar to you. Our team of expert divorce lawyers are compassionate yet efficient, and they’re here to help you. We work closely with you to make sure the process is easy and clear, all while putting you in the best possible position.
Please note we use the term ‘solicitor’ and ‘lawyer’ throughout interchangeably, as a term that refers to anyone in the United Kingdom that is licensed to practice law, provide legal advice, or represent clients in court.
If you’ve decided to file for divorce, it is not a legal requirement to seek legal advice. You can go through the different stages of divorce yourself but it can be a lengthy, complex process that might add unnecessary confusion and stress.
There are many situations in which tension can build. Whether agreeing on an appropriate divorce settlement and consent order or making arrangements for your children, organising a divorce involves upsetting conversations. These matters can be complicated and distressing, especially if the breakdown of your marriage has been violent or sudden, so consulting the expertise of a qualified divorce solicitor can help to take some away of the pressure.
We can offer help, support, and expert legal guidance across every part of the divorce process in the UK in the following areas:
With nearly 50 years’ experience behind us, we recognise how important and sensitive the divorce process is. That’s why we always endeavour to respond quickly and are here for you whenever you need us. Our divorce solicitors are committed to constructive and conciliatory solutions, by negotiation or mediation, wherever possible. When court proceedings are necessary, though, we are tenacious and robust in our approach.
Our leading divorce solicitors in are well-renowned specialists. We’re regulated by the Solicitors Regulation Authority. All our divorce lawyers are also members of the Law Society and Resolution.
We can assist couples with many matters to be resolved during a divorce. These include property, maintenance, pension provision, support for children, school fees and more. Our goal is to help couples reach agreements via solicitor-led negotiation, mediation, collaborative law and court proceedings if necessary.
We’ve been recognised as a leading firm by the Legal 500 and as one of Chambers and Partners’ top firms. We have proven success acting in numerous complex and high-profile cases, so we’re confident that we can offer you the highest-quality service.
We will explain the process clearly and keep you informed about what is happening at each stage. We provide excellent value for money. Our team of divorce lawyers will advise you on the best and most effective strategy to take and will never approach a case from a litigation perspective. We’re fully transparent about the cost of our work and we will always provide estimates of what your matter will cost before we start helping you.
Call one of our team to discuss starting and financing your divorce application, your rights and how we can support you through this distressing time in your life.
“Vanessa Friend is the stand out partner in the team. She is exceptionally bright and knowledgeable. She secures fantastic results for her client. She is a very good negotiator and very personable.”
The process starts with applying for divorce with the family court. You need to be able to prove that the marriage has irretrievably broken down. Either party can make an application for divorce or this can also be done in a joint application.
Fault-based reasons for divorce are no longer legally required. The new no-fault procedure came into force on 6 April 2022, as part of the amendments made under the Divorce, Dissolution and Separation Act 2020.
If you’re thinking about how to get a divorce, it’s best to ensure that you’re fully informed of your options and the issues you’ll have to consider throughout the process. This is where instructing a divorce lawyer starts to benefit you.
We always recommend seeking early professional advice to make sure you’re aware of all the steps involved. We will go through the process with you, explaining what will happen and when. We provide clear, understandable and effective advice and always aim to meet all your requirements.
Talk to your partner
If possible, you should talk it through with your partner first.
The events leading up to this conversation might be a sensitive subject but you should always aim for constructive communication. Try to express how you feel, openly discussing your reasons for wanting a divorce. This is especially important when children are involved.
Contact a lawyer for divorce
It is important that you are comfortable with your chosen divorce lawyer.
Ideally, you should feel confident that they understand your legal needs and the emotional aspects of your situation equally. Choose someone who will be available to answer your questions and support you throughout the journey. Once they know your circumstances, your legal team will be able to advise you on the best strategy and approach to take.
Our specialist divorce solicitors can help you conclude the process and reach a financial agreement. This can then be drawn up into a Consent Order which will need to be sealed by a Judge to become legally binding. The Consent Order can record what will happen to the family assets, debts and income and whether there will be ongoing maintenance payments.
STEP 1: The divorce application
Divorce proceedings start when you apply for divorce at a family court. You must first decide whether it will be a sole application or a joint one, which must be by agreement with your spouse/partner. The court will then allocate a court reference to the application, which is then classed as issued.
The person who submits the application is known as the applicant. You must enclose a copy of the original marriage certificate. If you’ve lost this document, you can request a copy from the Register of Births and Deaths.
STEP 2: Acknowledgement
In the case of a sole application, the court waits for the other person in the marriage, called the respondent, to reply. This is carried out by filling out and returning a form called the Acknowledgement of Service. When the court receives it, the matter can proceed. This can also be done online to save time.
If you’ve been married for less than a year, it is possible to commence judicial separation or annul your marriage (in limit circumstances). You should bear in mind that judicial separation proceedings will not terminate the marriage and you would not be free to re-marry.
STEP 3: 20-week wait period
Once the divorce application is issued, there is a 20-week period before the applicant(s) can apply for a conditional order, which is the first official stage of the divorce. This is meant to be a period of reflection for both parties to consider:
STEP 4: The final order
Couples can apply for the final order six weeks after the conditional order is granted. The final order legally ends a marriage or civil partnership and both people are then free to marry again.
Once the final order has been signed, the divorce financial settlement needs to be concluded too. This is not an automatic process and it’s the main area where people rely on assistance from professional divorce lawyers.
Our leading divorce solicitors typically work on an agreed hourly rate, which varies depending on their seniority. Once we’ve taken the time to get to know your circumstances, your solicitor will be able to provide you with a cost estimate.
During this meeting, your lawyer will explain to you the legal processes of divorce, finances and children (if applicable). Based on your circumstances, we will advise you on options for resolution of the matters that arise out of separation. During this meeting, you will have the opportunity to ask all of your most important questions. The total cost will depend on how quickly an agreement can be reached and the method adopted in resolving any dispute (whether that is resolved in solicitor correspondence, mediation, via arbitration or other form of non-court-based option, or through court proceedings). You will be provided with a detailed cost estimate at each stage of the proceedings so you can stay in control of your legal fees.
In simple uncontested divorce cases, we offer fixed fees relating to the online portal process as follows:
This fixed fee does not cover services relating to financial settlements or children matters in divorce. Your costs might be different if your divorce is more complex or if we need to work with you for longer than expected. If you’d like to know more about the cost of divorce, please see our page on the increase in family court fees.
“Raj Bhattoa is an outstanding lawyer. Raj consistently fights for her clients in an admirable manner, taking no nonsense whilst remaining calm under pressure. To add, Raj displays a meticulous eye for detail across all her dealings, providing strategic insight and workable solutions.”
Please note that we do not hold a Legal Aid contract and are therefore unable to provide Legal Aid services. All family matters are undertaken on a privately funded basis only.
In the UK, each divorce timeline will vary according to the individual case. The shortest possible timeframe for a divorce to go through is 26 weeks – however, this very rarely happens. Even if there are few complications, partners can expect the process to take between seven and 12 months.
If you and your partner have reached a mutual agreement concerning childcare, you don’t need to go to court. The court will only get involved if you can’t agree on these issues or if the child’s welfare is a matter of serious concern.
We recommend that you seek advice from experienced divorce and family law solicitors who can talk you through the options for resolving the dispute. These can include solicitor-led negotiation, mediation or, if all else fails, an application to the court.
Most cases don’t have to end up in court and can be resolved by agreement. Sometimes, it takes guidance from a divorce lawyer for people to know their rights and options.
This usually requires financial disclosure from both parties so that a divorce lawyer can advise you on a fair and appropriate settlement. When a divorce financial settlement is reached between the parties, it will be drawn up into a financial consent order and sent to the Court to be sealed. The financial consent order can include how the following assets will be split:
You might also get financial help to support your children or living expenses.
This will be assessed on a case-by-case basis. Whilst the starting point is a 50/50 split, the Court and solicitors will take into account a list of factors known as the Section 25 factors (Section 25 of the Matrimonial Causes Act 1973). These include:
The income and earning capacity of the parties
The financial needs of each of the parties
The standard of living enjoyed by the family before the breakdown of the marriage
The ages of the parties and the length of the marriage
Whether any of the parties have any physical or mental disability
The contributions that each party has made to the family
The conduct of each of the parties
The value to each party of any benefit that one party would lose because of the divorce
The Court and solicitors will also consider the needs of the parties and the children of the family and this may mean that the dividing line moves in favour of one party or the other.
Hodge Jones & Allen family solicitors have been recognised as one of Chambers and Partners‘ top firms. We’re also noted by the Legal 500 for our commitment to excellence. You can rest assured that our team are highly experienced in handling even the toughest family law cases.
Hodge Jones & Allen Solicitors is proud of the many positive testimonials that we receive, reinforced by our ‘Excellent’ rating on Trustpilot. Please read through what some of our clients have had to say about their experience with our legal teams.