Sousa Law Celebrating 15 Years
Sousa Law Celebrating 15 Years

Divorce & Separation

Divorce

The breakdown of a relationship can be one of the most traumatic experiences for a person. It will raise all kinds of difficult questions and potential problems that will need resolving. We will help you answer those questions and guide you through the legal, emotional and financial consequences of divorce and separation. We regularly work in teams with other professionals such as financial advisers, pension specialists and therapeutic professionals to ensure you have the full support you and any children involved need.

Our Family Law Solicitors will work with you to decide on the best approach when dealing with your divorce or separation, ensuring that the best interests of any children involved are the priority throughout.  The family court is rarely the best way of resolving family matters and there are many other ways of coming to sensible solutions such as MediationCollaborative Practice, round table meetings, solicitor negotiation, Earley Neutral Evaluations (ENE’s), Private FDR’s, Arbitration and the HFLS process. These are just some ways of resolving family issues in a much more constructive, amicable and cost effective way.  We will talk with you to help you to choose the best approach for you, and most importantly we will help you decide on the next steps to be taken and how to progress matters in a positive way for you.

The divorce procedure itself is now a simple paper or online application, particularly where a couple have mutually agreed that the marriage has irretrievably broken down. Before you can apply for divorce, the couple must have been married for at least one year. The divorce process is now a ‘no fault’ system, meaning that neither party has to blame the other for the breakdown of the marriage. The divorce application can be made by one spouse, or both, and you simply have to confirm to the Court that the marriage has irretrievably broken down.

From the date the court have issued the divorce application, the sole or joint applicants cannot apply for Conditional Order until 20 weeks have passed. This time period will allow a couple time to reflect and to enter into negotiations regarding their financial settlement. Once a Conditional Order has been granted, the sole or joint applicants then have to wait a further six weeks and one day before applying for the Final Order in their divorce. Once this is granted the couple are no longer legally married.

International Divorce

It is not unusual these days for families to travel extensively and relocate abroad. In such circumstances, when a relationship breaks down, it is essential that specialist advice is sought as to which country any divorce or family proceedings should be initiated in.  There must be a careful and detailed analysis of the benefits and drawbacks of issuing in a particular country.  The likely financial outcome in each particular country will often determine the country of choice, which may include consideration of whether there is a binding pre-nuptial or post-nuptial agreement in existence.  Decisions about where children will live, with whom, and in which country may also need to be made which could involve child abduction issues or consideration of moving abroad with children. It is not unusual these days for families to travel extensively and relocate abroad. In such circumstances, when a relationship breaks down, it is essential that specialist advice is sought as to which country any divorce or family proceedings should be started in. There must be a careful and detailed analysis of the benefits and drawbacks of issuing in a particular country. The likely financial outcome in each particular country will often determine the country of choice, which may include consideration of whether there is a binding pre-nuptial or post-nuptial agreement in existence. Decisions about where children will live, with whom, and in which country may also need to be made which could involve child abduction issues or consideration of moving abroad with children.

Separation

A married couple may experience relationship difficulties but may not have reached the point of irretrievable breakdown. A reconciliation may be possible, and perhaps some form of marriage counselling or guidance will assist the couple. A period of separation may be the best way forward for the family, whether temporary or permanent. It is important that agreements are reached regarding the financial arrangements on separation as soon as possible and that they are recorded in a formal separation agreement. It is also important that specialist legal advice is obtained before negotiating or entering into any separation agreement as in most cases the agreement will be upheld at the point of any future divorce.

A couple may feel that the marriage has irretrievably broken down, but they do not wish to proceed with divorce due to religious beliefs or for other reasons. In such circumstances, a Judicial Separation may be considered appropriate. A Judicial Separation involves proceedings similar to that of divorce, and specific financial applications can also be made to the court if an agreement cannot be reached.

Annulment

An annulment is a legal declaration by the court that the marriage was not legally valid when entered into, or has become legally invalid subsequently. The grounds for annulment are very limited and are not always easy to prove, therefore it is essential that specialist family solicitors are consulted before any application of made for an annulment. Some examples of when an annulment may be appropriate are as follows:

  • Bigamy
  • Mental incapacity
  • One spouse is under 16 years old
  • The couple not being fully male/female
  • The couple are related
  • Mistaken identity
  • Non-consummation of the marriage
  • Not conforming to the legal requirements of marriage
  • If one spouse was pregnant or had a sexually transmitted disease at the time of marriage and the other was unaware of it

For specialist advice in all areas of Family Law, please call us on 02380 713 060, or email [email protected].

Divorce & Separation FAQs

Here are answers to some common questions about divorce and separation. If you don’t see what you’re looking for, please get in touch with us online or call us on 02380 713060.

You can begin the divorce process by filing a divorce petition (Form D8) online or at your local court. Before doing so, it’s best to consult with divorce specialists, like the team at Sousa Law, who can provide expert guidance and support throughout the process.

The divorce process itself usually takes about six months. Both the divorce and financial settlement are usually wrapped up within six to twelve months, but it can sometimes take longer. In some situations, it’s better to finalise the financial arrangements before completing the divorce with a Final Order. Read more about the risks of concluding a divorce before financial arrangements on our blog.

You may have heard the term 'quickie divorce,' but it’s not really accurate. The divorce process has legally required timelines that typically mean it takes at least six months to complete. The exact timing can vary depending on how quickly both parties complete the paperwork and how efficiently the Court processes it.

There’s a minimum waiting period of 20 weeks between the application for divorce being issued and the Conditional Order being granted. After that, there’s another minimum period of six weeks and one day before you can apply for the Final Order.

No. Whether you chose to end the relationship or not, or whether you decided to leave the former matrimonial home or not, you still have rights. It’s important to seek legal advice to understand your options, especially if you need financial support from your spouse after the separation.

Collaborative Practice, often called a 'no-court divorce,' is a unique process designed to avoid going to court. Its main focus is on finding faster, more family-centred solutions compared to the traditional divorce process. The approach involves a series of roundtable meetings with both partners and their collaborative lawyers, allowing open and honest negotiations in a respectful manner. This helps avoid heated exchanges through solicitors and the stress of court proceedings.

Family mediation involves a neutral third party supporting you and your partner in discussing issues that arise from a family breakdown. This might include exploring whether separation or divorce is the right path for you and, if so, how to navigate the process. Discussions typically cover topics like finances, property, parenting arrangements, and any other matters that need resolution.

Mediation is a voluntary process that both of you must choose to participate in. It aims to help maintain a positive parenting relationship and promote amicable terms, wherever possible. This allows everyone involved to move forward in a way that is both effective and cost-efficient.

Arbitration is a private, court-like process conducted in a setting of your choice. Both you and your spouse or partner must agree to participate, sign an ARB1 form, and appoint an arbitrator. The arbitrator will make a decision on financial or children-related matters, and this decision will be final and legally binding.

Arbitration offers a quicker, more confidential, and flexible way to resolve disputes compared to going to court, all within a less formal environment.

Yes, you can. No-fault divorce became available in the UK on 6th April 2022, making it easier for couples to end their marriage without assigning blame. This new law replaced the old system, where you had to prove reasons like unreasonable behaviour, adultery, desertion, or long-term separation to get a divorce. Now, you can simply state that your marriage has irretrievably broken down, without needing to provide evidence of wrongdoing or meet specific waiting periods.

If your spouse doesn’t agree to the divorce, you may still be able to move forward. Once you get in touch, our team will review your situation and guide you through the options available to help you proceed.

An uncontested divorce occurs when both parties agree on all terms, including property division, child custody, and support. A contested divorce involves disagreements on one or more of these terms, requiring negotiation or court intervention.

Dividing property during a divorce is usually based on equitable distribution, which doesn’t always mean splitting everything 50/50. Factors such as the length of the marriage, each person’s financial contributions, and future needs are all taken into account.

Our family law specialists can assist with child custody, visitation, and child support arrangements. We focus on protecting the best interests of your children while safeguarding your parental rights. Visit our Child Arrangements page to find out more.

Yes, it’s often possible to modify custody, support, or other agreements if there are significant changes in circumstances. We can guide you through the process and explain the requirements for making any necessary adjustments.

A prenuptial agreement often plays a key role in how assets and debts are divided. Our team will review the terms of your agreement and help enforce or challenge it if necessary.

We’re here to help you manage your legal costs in a way that works for you, which is why we’re transparent about costs from the start and always willing to discuss payment options that fit your needs. We’ll also give you a clear breakdown of potential future costs during our initial meetings, so you’ll know exactly what to expect moving forward. Read our blog post on funding legal costs for more information.

For most family law cases, Legal Aid is based on your financial situation. This means your gross income, disposable income, and disposable capital will be assessed to see if you qualify.

There are exceptions to this - for example, if the case involves children in care or child abduction, your financial circumstances usually won’t be considered. You’re often automatically entitled to Legal Aid in these situations, depending on your relationship to the child and the stage of the case. Legal Aid is also available for victims of domestic violence or cases where children may be at risk of harm.

Legal Aid might not always cover all costs, and you may need to pay some expenses upfront or repay some costs later if the court awards you money or assets. You can check your eligibility for Legal Aid here.

Make An Appointment

We will assist in many complicated and specialised areas of family law. Discuss your options and contact us on 02380 713060.
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