We guide clients through the divorce process, helping to ease the stress and burden of formalising a separation.
‘No fault divorce’ was implemented in 2022, meaning that couples no longer have to place blame on each other for the breakdown of their marriage. The only legal ground for divorce is the ‘irretrievable breakdown of the marriage’.
You must have been married for at least one year before divorce proceedings can be started in England and Wales. An application for divorce can be filed by yourself, or jointly with your spouse.
Once your application has been issued by the court, a copy is sent to the other party for them to acknowledge. You must then wait twenty weeks before applying for the Conditional Order (previously known as Decree Nisi). This is to give the parties a period of reflection and allows them to start making financial and child arrangements. An application for the Final Order ending the marriage (previously known as Decree Absolute) can be made six weeks and one day after the Conditional Order has been granted.
In most cases, we would advise that you do not apply for the Final Order until a financial settlement has been reached.
We can help with a wide range of issues, including: co-habitation agreements, prenuptial agreements, postnuptial agreements, financial orders on divorce, financial arrangements for unmarried couples and child arrangements.
The divorce itself will take a minimum of around six months to be finalised. Often, a divorce can take much longer if there are complex financial arrangements to be resolved, in the region of 12 – 18 months.
In most cases, the divorce will be dealt with on paperwork and there will not be any court hearings. There may, however, be court hearings to resolve financial and/or child arrangements if it is not possible for the parties to reach an agreement on these aspects.
No, you do not have to have a solicitor and can make an application for divorce yourself through the gov.uk website. A solicitor can, however, take away some of the stress of divorce proceedings and can draw up your financial settlement into a legally binding Consent Order for approval by the court.
It is no longer possible to defend divorce proceedings unless there are technical grounds, such as jurisdictional issues or a dispute over the validity of the marriage. Your spouse cannot block the divorce but may drag things out by not cooperating. For example, if they do not acknowledge your application, you may need to apply for ‘deemed service’, for the court bailiff to personally serve the application, or to ‘dispense with service’.
You can still get divorced without a financial settlement in place, however, this would mean that both parties could likely make financial claims against each other’s assets in the future.
Rated
4.3 on Google Review
Julie Gordon
7 months agoExceptional service for all the team, especially Liz. No hidden surprises, clear and precise information and I was guided the whole way through my divorce. I felt supported and listened to. Highly recommend.Posted on Google
Liz Cockram
5 months agoI highly recommend Hannah Adams and the team at Shentons. They were all incredibly kind, patient and really listened to the details of our particular situation. We were seen quickly, which was very important for us due to EHCP Tribunal deadlines. The expertise and depth of information we recieved in meetings and reports was invaluable. It also allowed me to proceed with clarity and confidence, where I had previously felt lost in the vast amount of very subject specific paperwork which had been sent to us. We followed Hannah's advice when looking for other professionals to assess our child and gain the relevant reports. We also followed up on a possible area of need she identified, resulting in a new diagnosis and subsequent support from the NHS. I am incredibly happy to say my child is enjoying his second week at our chosen school, something the LA finally agreed to after nearly a year of fighting but 5+ months before our court date. Our child is now in a setting which will support him for the next 7.5 years.Posted on Google
Edward Ramsay
7 months agoI cannot speak highly enough of Chloe jay of whom was my legal representation during what was the most serious and stressful period of my life. From the very beginning, Chloe demonstrated exceptional professionalism, intelligence, and dedication to my case. Chloe had an outstanding understanding of the law and an ability to explain complex issues clearly and honestly, which gave me confidence at every stage of the proceedings. In court, Chloe's advocacy was calm, authoritative, and compelling. Chloe was meticulous in her preparation, strategic in her approach, and fearless when it mattered most. What truly impressed me about Chloe was her commitment to justice and to me as a client. Chloe treated my case with the seriousness it deserved, listened carefully, and fought relentlessly on my behalf. I always felt supported, respected, and in safe hands. Chloe worked in my case beyond my expectations and into the early hours of the morning sometimes to ensure that I as her Client had the greatest chance success each day of trial. I am deeply grateful to Chloe and would not hesitate to recommend her to anyone facing a serious legal matter. If you need a barrister who is highly skilled, principled, and unwavering in their commitment to their client, I cannot recommend them strongly enough. Thank you Chloe and to all at Shentons who assisted in my case.Posted on Google
Jennifer Cole
6 months agoShentons helped me through a really difficult time in my life when I was locked in a legal battle with my old partner about our joint house. I am so grateful for Shentons' excellent counsel, efficiency and human touch. I did get a great outcome in the end which has meant I can be free and financially secure again.Posted on Google
Abi Alsford
4 months agoRachael, Alex and the team were amazing during my custody case. They were reassuring, helpful and professional every step of the way. I can’t thank them enoughPosted on Google
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Hannah Adams Head of Special Educational Needs
Chloe Jay Senior Partner
Elisabeth Pollard Partner
Elizabeth Cookson Solicitor
Rachael Cole Partner
