Our expert divorce solicitors are here to help guide you through your divorce and all the elements that go with that, including childcare arrangements and financial settlements. Speak in confidence with a specialist family lawyer in an initial, fixed price consultation to understand your legal options and choose your next steps with confidence.
All prices are correct as of 22 October 2024, excluding VAT.
Making the decision to start divorce proceedings to end your marriage is often an emotional and difficult time for you and your family, even if you’ve decided to separate amicably. It can be tough to know where to start and how to ensure the best outcome, particularly if you and your partner have children.
Our dedicated and industry-leading divorce lawyers have worked with clients across the UK to protect their interests and wellbeing throughout divorce proceedings, providing tailored legal advice to ensure the smoothest possible process.
At Slater and Gordon, our divorce lawyers have the experience to help you deal with every scenario. We will always try to keep things as amicable and cost-effective as possible, but we can also protect you if your spouse is unwilling to agree on a fair settlement or behaves abusively.
Our initial 45-minute consultation, which can either be face-to-face or over the telephone with one of our experienced divorce lawyers in the UK, is available for a £150 fixed fee. This is an opportunity for you to speak in confidence with a specialist who has in-depth knowledge of all areas of family law, including children, finances, and divorce.
We’ll take the time to understand the full history of your situation and provide a holistic approach covering any areas which may be related to ensure you get the maximum benefit during the 45-minutes.
We’ll discuss the details of your circumstances to get a full understanding of your position and identify any distinct issues
Provide an explanation of your legal position, the legal process involved and the options available to you
Summarise the issues and the application of the law to those issues and advise as to the pros and cons of each
Empower you to take any necessary actions by providing you with a clear roadmap of what your next steps are
What is divorce?
Divorce is the official, legal process of ending a marriage in the eyes of the law. A court order is required to finalise the divorce, known as a final order or decree absolute, after which the spouses are considered legally single again.
Previously, a spouse would have to prove the irretrievable breakdown of their marriage based on one of five facts:
Adultery
Unreasonable behaviour
Desertion for two or more years
Two years’ separation (including living separately) with your partner’s consent
Five years’ separation (including living separately) with or without your partner’s consent
Since April 2022, however, you only need to make a statement of irretrievable breakdown of marriage to apply for a divorce, and you don’t need your partner’s consent to do so.
During divorce proceedings, a number of issues will need to be resolved between you and your partner, including the division of assets and finances, and child custody arrangements if you have children.
How do no-fault divorce laws work in the UK?
No-fault divorce laws were introduced in England and Wales on 6 April 2022. As the name suggests, the core purpose of this legislation was to remove the need to assign blame for the breakdown of the marriage, allowing for a more amicable divorce process.
Under the new legislation, the grounds for divorce stay the same: the irretrievable breakdown of marriage. However, there is no longer any need to prove one of the five facts, such as stating your partner committed adultery or acted unreasonably. Instead, a statement of irretrievable breakdown is made by one or both spouses.
The legislation also introduced several other changes:
A 20-week period of reflection between issuing the divorce petition and the first stage of the process (known as the conditional order or decree nisi) has been introduced.
A further 6-week period has been mandated between the first and last stage (known as the final order or decree absolute). This means there is a minimum timeframe of six months between the date you begin divorce proceedings to completion.
A married couple can apply for a divorce jointly, or a spouse can make a sole application.
There are no longer any grounds for one partner to contest a divorce application. There are still some legal grounds on which it can be challenged if needed, though these only apply in extreme circumstances.
It is now possible to withdraw a divorce application at any time.
Any complex legal jargon should be avoided throughout the divorce process, making it easier to understand for all parties and avoiding unnecessary confusion or complexity
The best solicitors to fight your corner! I struggled with a nasty unmarried couple dispute alone for over a year before biting the bullet and paying for proper legal support. I had one previous experience with a cheaper less well-known solicitor and I just felt completely let down and not a priority. But with Slater and Gordon, from start to finish, I felt supported 100% and valued.
B L (family and personal matters case)
Matters were dealt with efficiently with a view to keeping costs to a realistic level and I am well satisfied with the final settlement she managed to achieve on my behalf.
J B (family and personal matters case)
For anyone needing help with family issues I could not recommend Slater and Gordon highly enough. I always had the feeling I had the best looking after my interests and they certainly didn't disappoint.
C I (family and personal matters case)
At its core, the intention of no-fault divorce laws is to reduce conflict by eliminating the need to assign blame, setting the groundwork for a more amicable and constructive discussion between parties.
However, the legislation goes further than this and the benefits can be substantial.
A simpler divorce process: by removing the need to prove one of five facts to make a divorce application, and avoiding any complex legal jargon, the legislation makes the divorce process much more straightforward.
Reduces the potential for additional stress and conflict: while a divorce is unlikely to be without debate, particularly when considering issues like finances or child arrangements, reducing the potential for any additional conflict that assigning ‘blame’ often brings can make the process smoother and less stressful or draining.
Protects victims of domestic abuse: the process is much more supportive of domestic abuse victims and removes the ability of a spouse to contest the divorce to prevent anyone becoming trapped in a marriage.
What are the rights of spouses under divorce laws?
Both spouses have certain rights when getting a divorce, and it is the role of your solicitor and the courts to ensure that these are upheld throughout the process.
One of the most important rights a spouse has during a divorce is the right to a share of all martial assets. This includes any property, possessions and financial assets like savings, investments and pensions.
As a rule, a divorce is approached with the principle of equalisation, which seeks to establish financial fairness between spouses. This doesn’t always mean an equal share of all martial assets, as the circumstances of each spouse must be considered to ensure that the division of assets meets the needs of both parties. For example, in cases where there is a financial disparity between partners, a spouse could also be entitled to spousal maintenance payments.
The court will consider factors such as each parties’ income, their earning capacity, their contributions during the marriage (both financial and non-financial), and the needs of any children before making a final decision.
What is the process for getting a divorce?
If you are thinking about getting a divorce, whether you are making a joint or sole application, it is important that you seek specialist legal advice early on so that you know exactly what to expect from the process and how to prepare.
Making the application: if you are applying jointly, you will both be required to submit information in the application to the court. For sole applications, the court will send your spouse (known as the Respondent) the divorce petition and an ‘acknowledgement of service’ (AOS) notification. They must respond to this within 14 days stating whether they agree with the divorce or intend to dispute it. Note that under no-fault divorce legislation, your spouse must have a valid legal reason to raise a dispute; it cannot be disputed because they do not wish to divorce or want to delay the process.
20-week period of reflection: once the application has been made, the 20-week reflection period will begin. During this time, you and your partner should start to work through the practical arrangements of the divorce, such as the division of assets and any necessary child arrangements.
Applying for the conditional order (decree nisi): after the reflection period, the party who applied for the divorce (known as the Applicant) must then apply to the court for a conditional order. If approved, the court will issue a Certificate of Entitlement.
6-week wait period: a second wait period of six weeks between the conditional order and final order will then begin. At this stage, an agreement must be reached between both parties on the division of assets and child arrangements. To make any financial agreements legally binding, a financial consent order will need to be prepared and submitted to the court. They will then review this to ensure it is transparent and fair to both parties.
Applying for the final order (decree absolute): once the wait period has ended, the Applicant can then apply for the final order. If the Applicant has not applied after three months, the Respondent can make the application instead. Once approved, the court will issue the final order within a few days.
It is important to note that while the wait periods are set at a minimum of 20 and six weeks respectively, they can (and often do) last longer than this. These periods are a crucial time to negotiate any financial settlements between you and your spouse and agree any necessary child arrangements.
What documents do I need to give to my divorce lawyer?
During divorce proceedings, you will need to provide your divorce solicitor with all the relevant information and documentation they need to understand your circumstances and how best to negotiate on your behalf. Your divorce lawyer will discuss with you what documentation they will need during your first meeting, though it will usually include:
Personal information for you and your spouse, including full names, addresses, dates of birth, and contact details
The details of any children you have, including full names, addresses, dates of birth and details of their school
Your original marriage certificate or a certified copy
Your pre-nuptial or post-nuptial agreement, if you had one
Income and employment details for both you[RC2] and your spouse
Property deeds, mortgage statements, or a rental agreement
Details of bank accounts, loans, investments, savings, pensions, and debts
Details of any other high-value assets, such as cars or jewellery
Why choose us as your divorce law firm?
We understand that all situations differ - it’s not always a one-size-fits-all - so we make sure that we provide tailored advice and guidance to suit your individual needs. As one of the UK's largest and best-known law firms, we have a team of solicitors to advise and guide you – no matter how complex your situation may be.
We’re proud members of Resolution, an organisation of family justice professionals committed to promoting a constructive approach to family issues that considers the needs of the whole family
We’re clear on our prices from the outset, with fixed price options starting at £150 (incl. VAT) for an initial consultation
We are a national law firm, with legal experts available locally across the UK. Meetings can be arranged via telephone or video call - whatever suits you best.
We are an award winning law firm and have a dedicated team of divorce lawyers to advise and guide you – no matter how complex your situation may be.
Affordability
We offer affordable, expert legal advice on divorce and child arrangements. Book a consultation for clear guidance and next steps. Our assessment helps you understand your situation and make informed decisions. Consultation charged at £150 for 45 minutes.
Tailored advice
We understand that family situations differ – so we are able to provide tailored divorce legal advice and guidance to suit your individual needs.
Local access
We are a national law firm with offices across the UK, so we're likely to have divorce lawyers near you. Meetings can be arranged via telephone or video call, to suit your requirements.
Speak to one of our expert divorce solicitors today
The cost of hiring a divorce lawyer will vary from case to case, as it will depend upon factors such as the complexity of proceedings and whether a court hearing is required.
Our divorce lawyers offer a range of finance options, including fixed-fee packages and competitive hourly rates. We’re committed to being full transparent on any costs involved your case, and we’ll take you through all the options when you reach out to us, giving you all the information you need to make an informed decision about the best way forward.
Can a divorce be contested?
No. Since the introduction of the no-fault divorce legislation in April 2022, it is no longer possible to contest a divorce application.
However, there are limited legal grounds to challenge a divorce application, though these only likely to apply in a small number of cases. Legal grounds for challenging a divorce include:
Jurisdiction: a divorce could be challenged on the basis of jurisdiction, meaning it could be argued that a UK court does not have the authority to hear the divorce petition. This is most likely due to one of the spouses living in another country and arguing that the divorce should be heard in their courts.
The marriage was invalid: in some cases, it could be argued that a marriage was never legally valid, for instance, if it was not carried out in line with the laws of the country in which the legal ceremony took place.
The marriage has already been ended: divorce proceedings have already taken place (usually in another country) so the application should not proceed.
Non-compliance or fraud: an application could be challenged if it can be shown that the divorce was obtained through fraud or proper procedures were not followed.
How long does it take to get a divorce?
A divorce in the UK will take a minimum of 26 weeks (roughly six months) due to the reflection periods instated in the no-fault divorce procedure.
However, many divorces can take longer than this and the exact timeline will vary substantially. This is because it can take time to reach an agreement between both sides on issues such as financial settlements and child arrangements.
To ensure the process runs as smoothly as possible, it is important that you are fully transparent and open with your solicitor. Where possible, keep in mind that approaching discussions with your spouse amicably and constructively can make negotiations much easier.
Your solicitor will also discuss possible strategies with you before you sit down with your spouse and their lawyer, advising you on the best approach and working with you to achieve the best possible outcome.
Will I have to go to court to get a divorce?
In most cases, you will not need to go to court to get a divorce, as issues such as financial settlements and child arrangements can be arranged through negotiations between both parties and their legal representatives.
There are rare cases in which a court appearance may be required. For instance, if an agreement is unable to be reached through negotiations or mediation, a court hearing may be needed where each side will present their arguments, and a judge will make a ruling.
A court hearing may also be needed if a divorce is challenged, however there are very limited legal grounds on which this can be done.
What are the reasons I can give for a divorce?
You are no longer required to give a reason beyond the irretrievable breakdown of marriage since no-fault divorce was introduced in April 2022.
Under the previous legislation, the divorce applicant was required to give a reason for requesting a divorce. This had to fall under one of five categories; adultery, unreasonable behaviour, separation for two years (you would need your partner’s consent to divorce for this reason), separation for five years (at five years, you could divorce without your partner’s consent), or desertion for at least two years.
Today, the only requirement is that the divorce applicant makes a statement of irretrievable breakdown of marriage which states that the marriage has ended permanently.
What is nullity in a divorce?
Nullity is not a part of a divorce; rather, it is another name for an annulment, which is the legal process of declaring a marriage invalid.
A divorce and an annulment (or nullity) are two separate and distinct legal procedures. While a divorce ends a legally valid marriage, an annulment declares that the marriage was never legally valid in the first place and therefore never existed in the eyes of the law.
Divorce and annulment are not interchangeable, as there are limited legal grounds on which you can petition the court for an annulment. These include one spouse already being married or in a civil partnership, one party not consenting to the marriage or lacking the mental capacity to do so, or one or both parties were under the age of 16 at the time of the marriage.
What happens to children in a divorce?
If you and your partner have children, you will need to make child arrangements as part of the divorce process. This should set out important issues related to the care of your children, including their living arrangements and the level and frequency of access the non-resident parent will have.
Discussing these arrangements and reaching an agreement can understandably be difficult and emotional, but it is crucial that the child’s welfare and best interests are placed at the centre of any agreement reached.
Before approving any child arrangements, a court will review the terms in line with a welfare checklist. This includes factors such as a child’s physical, emotional and educational needs, any risk of harm to the child, the capability of each party in meeting the child’s needs, and the child’s own wishes (taking into account their age and understanding of the circumstances).
Is it possible to get an online divorce through the court?
It is possible to get an online divorce through the courts, however it is crucial that you understand doing so will only cover the legal process of ending your marriage. It will not set any complex issues related to separation, including the division of finances and assets or child arrangements.
It is strongly recommended that you seek independent legal advice from a specialist divorce solicitor when handling financial settlements and child arrangements. These can be very complex and emotional negotiations and any agreement reached will need to be approved by a court. A solicitor can provide crucial legal expertise and tailored insights to help ensure negotiations run smoothly and safeguard the interests of both you and your family.
A final order – also known as a decree absolute – is issued by the court at the end of divorce proceedings. It confirms that your marriage to your ex-spouse has legally ended and that you are free to remarry.
It also means that any arrangements made and approved by the court during divorce proceedings, including financial settlements and child arrangements, have come into effect and should now be followed.
Can I change lawyers in the middle of a divorce?
Yes, you can. If you feel you are not receiving the right support or legal expertise from your current solicitor, it is your legal right to choose alternative representation if you wish, regardless of how far through divorce proceedings you may be.
It is important to remember that you will still need to pay any monies owed for services your previous solicitor has provided, after which you will need to sign a form of authority for your files to be released to your new divorce lawyers.
To find out more about switching to Slater and Gordon’s specialist divorce lawyers, call us on 0330 041 5869 or get in touch online.
Why do I need a divorce lawyer?
A divorce can be a complex and lengthy legal process, often involving multiple stages of negotiations to settle important issues such as finances, the division of assets such as property and high-value possession, and child arrangement.
Instructing a divorce lawyer to represent you throughout the process is often crucial to navigating complicated legal issues. Not only can a specialist divorce lawyer provide in-depth legal expertise in divorce law, but they can also ensure your rights are protected at each stage and represent your interests to ensure the best possible outcome for you and your family.
When instructing a divorce lawyer, it is important that you are happy they can represent you well and provide the legal support you need to achieve the best possible outcome. It is advisable to ask your lawyer some questions to help you understand their experience, the strategy they may use to handle your case, and how things like costs are managed.
Some questions to ask your divorce lawyer could include:
How much experience do you have handling divorces like mine?
How do you communicate with your clients?
How will you handle any disputes over finances or child arrangements?
Do you have an estimate of how much my case will cost?
How is your billing calculated?
Do you foresee any additional expenses that I should be aware of?
When you reach out to our divorce law team, we’ll discuss your circumstances with you in detail, answering all your questions with transparency so you can move forward with confidence. To get started, call us today on 0330 041 5869 or get in touch online.
The best solicitors to fight your corner! I struggled with a nasty unmarried couple dispute alone for over a year before biting the bullet and paying for proper legal support. I had one previous experience with a cheaper less well-known solicitor and I just felt completely let down and not a priority. But with Slater and Gordon, from start to finish, I felt supported 100% and valued. B L (family and personal matters case)
Matters were dealt with efficiently with a view to keeping costs to a realistic level and I am well satisfied with the final settlement she managed to achieve on my behalf. J B (family and personal matters case)
For anyone needing help with family issues I could not recommend Slater and Gordon highly enough. I always had the feeling I had the best looking after my interests and they certainly didn't disappoint. C I (family and personal matters case)