With decades of experience, our divorce lawyers provide clear, focused advice to ensure our clients successfully navigate the process and find a constructive solution that works for you. To help guide you through the divorce process we’ve compiled a list of our most frequently asked questions which we hope will start to answer any questions you may have.
My marriage is in trouble, but I do not want to get divorced, can we just separate?
If you separate but do not get divorced, you will remain legally tied to your spouse. This means that you will still be husband and wife and you will remain financially tied. The financial claims that arise upon divorce also remain open and can be addressed later.
It is possible to go through a legal process called judicial separation, whereby you remain married but legally separated, which can also deal with most but not all financial claims. In practice, this is rarely used.
Another option is to enter into a Separation Agreement which is a type of contract that can set out your future intention to divorce and how you wish your finances to be dealt with in the interim. The terms of the Separation can then be converted into a financial order on divorce. A Separation Agreement is not always legally binding and we can advise you of the pros and cons of entering into on.
I am in a same-sex marriage or civil partnership; does this make a difference in how my separation is dealt with?
The process for ending a same-sex marriage or civil partnership is the same as for heterosexual marriages. The primary difference is that you cannot rely on the grounds of adultery.
There is violence in my relationship; what can I do?
At any time that you feel under threat or in danger, then the first step is to dial 999.
However, protection can also be obtained from the family court, including orders which regulate the occupation for the family home (and exclude the violent party), and orders that prohibit certain behaviour. Further information on domestic abuse.
What happens if my spouse refuses to acknowledge the divorce petition?
There are several options open to people if their spouse does not return the Acknowledgment of Service to the Court, but this depends on the fact relied upon in the divorce petition.
For example, if you have used unreasonable behaviour, 5-year separation or desertion, you can proceed without the return of the Acknowledgment of Service, provided you can evidence that they have been served with the papers.
However, if your petition is based on 2-year separation or adultery, you will require your spouses’ express consent/admission and the return of the Acknowledgment of Service.
If this is not achievable, you can amend your petition and rely on a fact that does not require your spouse’s consent as mentioned above.
How much does a divorce cost?
The cost of a divorce depends on the method you choose and the complexity of the case. There is a standard court fee of £550 to process the divorce application.
More than ever, legal fees and budgets are being scrutinised and we recognise that clients want value, efficiency and price certainty. We are confident that our fees are value-led. We can work with you to shape how we charge for our work and can adapt to a number of pricing models that suit you. In an average, uncontested divorce, when a solicitor is acting, the cost of preparing the paperwork and progressing the proceedings is likely to be in the region of £500 to £1,000 plus VAT.
In cases where there are financial and/or child arrangements to resolve, solicitor costs will vary depending on the complexity of the issues and if additional court proceedings are required. The cost above is for the divorce only. Please contact us to discuss your particular case.
Can I get Legal Aid?
Changes to funding in 2013 saw a dramatic reduction in the eligibility of legal aid in family law and is now only available for specific types of cases including when domestic abuse, child welfare and social services are involved. Please contact us to discuss your case. We cannot offer legal aid.
Do both parties have to pay for the divorce?
The general rule on who pays the legal fees in a divorce is that each person getting divorced will pay their own legal costs and the person applying for the divorce (the petitioner) will be responsible for covering the court fee (which is currently £550) and other costs.
You can make a claim for costs in the Petition regardless of the fact you rely on. Often, an agreement will be reached to share the costs between both parties before the petition is submitted. It is important to note that costs relating to the divorce are different from those incurred in negotiating a financial settlement and/or child arrangements. The general principle in these cases is that each party is responsible for their own costs.
Can I use the same solicitor as my spouse?
No, you cannot use the same solicitor as your spouse as this would give rise to a conflict of interest. It is advisable for you both to take independent legal advice from different solicitors.
What if my spouse lacks mental capacity?
The primary consideration is whether the party with mental health concerns has the capacity to provide instructions and to agree to a divorce or financial settlement.
Under English law, a person’s mental capacity is judged according to the decision that needs to be made. For example, can they understand the relevant information relating to a financial settlement to make an informed decision?
If there are doubts over someone’s capacity, a doctor must make an assessment to determine whether they can make the specific decisions they face. If they decide they do not, it is possible to progress the case if a representative, a litigation friend, is appointed to act on their behalf and make decisions in their best interests.
What is a collaborative divorce?
A collaborative divorce involves both parties having separate lawyers that work together to achieve a settlement that suits the whole family, avoiding going to court.
The process enables a couple to discuss, in a safe environment, their hopes and concerns. It allows you both to retain control over the decision-making process, rather than a judge, who may only meet you for the first time at a final hearing, deciding the settlement.
It reduces the risk of conflict, misunderstandings and the expense and stress of court proceedings. It is also a particularly good option if you have children and can help you both develop a constructive and cooperative relationship moving forward.
What is mediation?
Mediation is often a more conciliatory way of sorting out issues arising out of separation or divorce. When successful, it is a cheaper and quicker process compared to litigation/court-based applications.
Mediation may limit the stress and anxiety that you and your ex-partner experience during the relationship break up and is often a good option where you have children to enable you to continue to communicate constructively.
Mediation is a voluntary and confidential process whereby you jointly meet with a qualified mediator, whose role is to assist the two of you to reach an agreement, rather than to advice either one of you. A number of mediators are also Family solicitors.
This approach helps couples that are separating to have an open and honest dialogue to reach agreements that can then be converted into legally binding agreements with the help of their solicitors. It is usually important to each have independent legal advice alongside the mediation process.
What is arbitration?
Arbitration is a form of dispute resolution and involves a third party (the arbitrator) adopting the role of Judge. The arbitrator will decide on the issues they are appointed to deal with after reviewing and hearing evidence from both parties in the same way that a Judge would at a final hearing.
When conducting an arbitration, arbitrators are required to apply the law of England and Wales. The arbitrator’s final decision is binding on both parties and is known as an Award (financial matters) or a Determination (children matters). The decision can then be embodied into a Court Order and submitted to Court for approval by a Judge.
There are several benefits of arbitration over the court system, including less time, more cost-effective, greater control of the case and confidentiality. However, both parties have to agree to engage in the process, and there are additional costs involved in paying the arbitrator to hear your case.
Get legal support today
Speak to one of our family and divorce lawyers if you need legal assistance and supportive services that protect you and your children. Please contact Lucinda Holliday on +44 (0) 1494 478 603, email ljmh@blasermills.co.uk or fill in our contact form.