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 Mediation, Collaborative 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 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.
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.
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:
For specialist advice in all areas of Family Law, please call us on 02380 713 060, or email [email protected].
A Mesher Order is a court order that delays the sale of the family home after divorce or separation. Instead of selling immediately, the sale is postponed until a specific “trigger event” happens. This lets one partner - usually the primary carer - stay in the home longer, providing stability during a difficult time. Where appropriate, alternative dispute resolution such as Collaborative Practice or Family Mediation Services can also help families reach amicable agreements.
Typical trigger events include:
Mesher Orders apply only to married couples or civil partners, as specified in the Matrimonial Causes Act 1973. Different arrangements are needed to protect your interests if you're cohabiting without marriage. We can advise you on options for Unmarried Couples.
To apply, our solicitor will usually file a Form A - a notice of intention to proceed with a financial order - with the court. The court then considers your family’s situation, focusing on any children involved. We offer expert support with all aspects of Financial Settlements to guide you through this process.
While the Mesher Order is in place, both parties usually share responsibility for mortgage and household costs. The partner not living in the home will have their capital tied up until the sale. Sometimes, our NCDR (Non-Court Dispute Resolution) services or Arbitration can resolve these issues amicably. There may also be capital gains tax implications when the property is sold; you can learn more from HMRC’s guidance.
Though not permanent, a Mesher Order gives valuable time and space to plan your next steps. This is especially important for families with children, helping maintain routines and normality. We’re here to support your family through every step, including child arrangements and access.
To learn more about Mesher Orders and their impact, read our full blog: What is a Mesher Order and how will it affect your UK home?
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.
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.
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.
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.
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.
Mesher Orders apply only to couples who are married or in a civil partnership. If you’re cohabiting without being married, you won’t have the same legal rights to a Mesher Order. However, there are other ways to protect your interests. Our team can advise on options for unmarried couples to help safeguard your rights.
If you and your ex-partner cannot agree on a Mesher Order, you can still apply to the court for a financial order that includes it. The court will take your family’s situation into account. It will focus on fairness, especially regarding the welfare of any children. We offer expert guidance on navigating these as part of our financial settlements services.
There isn’t a fixed length for a Mesher Order. It lasts until the agreed “trigger event” happens. This could be when your youngest child turns 18, finishes school, or the partner moves in with someone new or marries. Our solicitors will help you understand what timeline best suits your family’s unique needs.
Generally, both parties remain responsible for mortgage and household costs while the Mesher Order is in place. The partner living in the home often covers the payments, but this can be agreed upon differently depending on your circumstances. We can support you with fair negotiation through our NCDR or arbitration services.
Yes, because the property remains in both names, the non-occupying partner’s capital is tied up until the sale. This may impact your ability to get a mortgage for a new home or require a larger deposit. Our solicitors can help you manage these financial implications as part of your wider financial settlement.
Absolutely. Depending on your situation, you have a few options. You could sell the property and share the proceeds. One partner can also buy out the other’s share. Another choice is to give partial ownership to the partner living there. Our team can explain which option may work best for you during a consultation.
Sometimes, a Mesher Order can be changed if circumstances change a lot. This might include changes in financial situations or the children’s needs. If you believe a variation is necessary, our solicitors can help you apply to the court and guide you through the process.
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Tel: 02380 713 060
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