The breakdown of a relationship can be a very emotional and confusing time. You may find yourself asking: ‘What do I do now?’ or ‘Where do I start?’ This is completely normal. Our specialist solicitors understand the difficulties you are experiencing and they are here to help you.
They will provide you with clear, comprehensive and constructive advice so that you feel confident to be able to make informed decisions about how best to proceed to resolve the various issues arising out of the breakdown of your relationship.
If you wish to discuss any of the above please contact one of our Family Solicitors listed below who all specialise in divorce, dissolution and separation, or alternatively you can contact us by completing our online contact form.
Mark Kosmin – mk@freemanssolicitors.net
Georgina Stavrou – gs@freemanssolicitors.net
Rebekah Gershuny – rg@freemanssolicitors.net
Angela Kwokori – aok@freemanssolicitors.net
Sara Hyder – sara.hyder@freemanssolicitors.net
You can apply for a divorce provided that:
– You have been married for over a year;
– You can show that you, or your spouse, have a specific connection to England and Wales; and
– You can provide a statement to the Court that your marriage has broken down irretrievably.
Under the new law which came into effect on 6 April 2022, anyone seeking a divorce or dissolution can apply either jointly with their spouse or civil partner, or on their own.
If you require further advice and guidance as to whether you are eligible to apply, or about the application process, please contact our specialist solicitors as they will be able to advise and assist you.
Parties should be aware that there is now a minimum period of 20 weeks from the date the Court issues the application and to when a party or parties can apply for the Conditional Order (formerly known as the decree nisi). This is followed sometime later by the Final Order (formerly the decree absolute) that formally ends your marriage after which you will be free to remarry.
The divorce and dissolution process itself does not deal with any financial claims that may exist between you and your spouse as a result of your marriage.
In terms of the costs, it’s difficult to be precise as it very much depends on your individual circumstances. Generally, the costs of the divorce on its own (excluding any financial and/or children issues), if undefended can be fairly reasonable and inexpensive.
If you have been divorced outside of the UK, your divorce may be recognised by the Courts of England and Wales provided that:
AND
It should be noted, however, that there are circumstances where your foreign divorce may not be recognised in England and Wales even if you are able to show that it is recognised in the country where it was obtained. It is therefore essential that you seek specialist advice from the outset.
If you think that this applies to you, or if you have any other questions concerning your foreign divorce, please contact us.
The process of dissolving (ending) a civil partnership is the same as that of a divorce, as set out above.
As with the divorce process, the dissolution of a civil partnership does not in itself deal with any financial claims that may exist between you and your civil partner as a result of your civil partnership.
Not a present. There are provisions within the Marriage (Same-Sex Couples) Act 2013 for civil partnerships to be converted into marriages but the government has yet to set out how this is to be achieved. If you have a civil partnership you will need to petition to dissolve your civil partnership first before applying to get married.
For more information about the dissolution of your civil partnership please contact us.
The Court prefers families to agree to the arrangements for children privately between themselves or through mediation. They will only become involved if called upon to do so by either parent or another interested third party. The Court will only make an Order in respect of a child if it considers that it is in the best interest of the child to do so.
Yes. A Final Order in divorce or dissolution proceedings will not deal with the potential financial claims arising as a result of your marriage/civil partnership. Unless these financial claims have been formally dismissed by an Order of the Court they remain alive. This means that a financial claim can potentially still be brought many years after a marriage/civil partnership has ended. It is therefore advisable to resolve the financial issues before finalising the divorce/dissolution, so that you can both move forward in your lives with peace of mind.
If you have been divorced outside of the UK, you may apply for a financial order provided you can demonstrate that:
AND
It’s a two-stage process. Firstly you will need to apply for permission from the Court. If permission is granted, then you will be able to proceed with your application for a financial order in relation to income or capital.
Our team is very experienced in dealing with international divorce and financial issues. For more information please contact us.
You can agree the division of any assets directly with your spouse/civil partner or with the assistance of say a Mediator. If you are unable to reach an agreement about how the financial issues are to be resolved, then either the Court or an Arbitrator can make the decision.
The Court has broad powers to determine how the matrimonial assets are going to be divided on Divorce / Dissolution. They can make orders in relation to income and capital. There is no mathematical equation that the Court will adopt when dealing with the division of the assets as each family is different and every case unique.
The Court will take into account all the circumstances of the case and give first consideration to the welfare of any child of the family. They will also take other factors into account such as:
When attempting to sort out the financial issues it is extremely important that both parties provide full and frank financial disclosure, so that everyone knows exactly what the financial resources are in order to make informed decisions on what should happen. You will find that solicitors and barristers will be unable to advise you properly on the merits of any settlement proposals without full disclosure being given by both parties.
Financial disclosure is usually provided by the use of a financial statement form called a ‘Form E’ setting out full details of assets, liabilities, and income.
Spouses / civil partners are entitled to share each other’s pension from the date of marriage / civil partnership to the date of separation. On divorce/dissolution, the Court has the power to make orders in relation to the parties’ pension assets. When doing so, the Court will usually view pensions separately from other assets as it is widely acknowledged that funds in pension schemes may not be readily available and that pensions come in many types.
There are various ways in which the Court may deal with your pension in divorce/dissolution. These can include:
The word ‘maintenance’ is frequently used when referring to income orders on divorce/dissolution. There can be maintenance for you (the spouse), or for your children.
Orders for spousal maintenance (also known as periodical payments) are payable from one spouse to the other. The level and duration of spousal maintenance will very much depend on your income needs, and the available resources to meet those needs.
When it comes to maintenance for any children, this is now largely dealt with by the Child Maintenance Service (CMS). The CMS will calculate what income the ‘paying parent’ is required to pay to the ‘receiving parent’ based on a fixed percentage of their gross weekly income. It is not necessary to make an application to the CMS for them to calculate what maintenance the absent parent is required to pay, as this can be agreed between the parents. This is what is known as a “family-based arrangement”. However, if a dispute later arises then an application would then have to be made to the CMS to resolve the issue and fees will apply.
There are some circumstances for which the CMS does not have authority and which require an application to be made to the Court. These are as follows:
Once again you are expected to have attempted to reach an agreement directly with the other parent before considering making an application to the Court.