Personal Law > Family > Divorce

Divorce

Following a change in the law in 2022 you no longer need to ‘blame’ the other party for the breakdown in relationship to obtain a divorce. You do, however have to be married for one year before you can apply to the court for a divorce. If you do unfortunately find yourselves deciding to sperate within that first year, our family lawyers can talk you through your options.

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Are you considering a divorce or need assistance with a divorce?

Once the divorce application is sent to the court and issued you will need to wait for a 20 week reflection period before you can apply for the initial order, which is called a ‘conditional order’ (this used to be called the ‘decree nisi’). Within this time most couples try to resolve any financial issues and the arrangements for any children of the relationship. Six weeks and one day after the conditional order, the ‘final order’ (which used to be known as the ‘decree absolute’) can be applied for to formally end the marriage. There are important financial considerations that need to be considered before the final order of divorce and our specialist family lawyers can talk you through these.

Whilst the legal minimum is 26 weeks, the practical timescales depend on each couple’s circumstances and therefore we would advise having a consultation in the first instance. Thereafter, we can guide you through the divorce process and advise you on how you should consider dealing with any financial aspects of your case.

A divorce itself does not resolve financial ties between you and your spouse. Divorce will only legally end the marriage. Finances are dealt with separately by the Court and whilst you can divorce without dealing with financial issues, financial claims can remain live, causing potential problems in the future. As such, we would recommend that you seek advice from us before deciding on such a course of action. We can help you navigate the law, guide and support you through the process and advise you on how you should proceed.

TESTIMONIAL

"I am very grateful for the advice and support I received from From Foys Solicitors. Jayne Kirtley provided clear, professional, and well-considered guidance regarding my divorce proceedings."

Sam

Frequently Asked Questions

Yes, both parties must provide “full and frank” disclosure of all assets, debts and income often utilising Financial Statement in Form E. The requirement to provide “full and frank” disclosure remains in force even if an agreement is reached privately. A failure to provide “full and frank” disclosure could potentially jeopardise any agreement reached between parties.
Intentionally failing to disclose assets can lead to severe penalties including fines, committal to prison for contempt of Court and the setting aside of the Final Order.
Not mandatory but recommended for complex financial or child arrangements.
Since 6 April 2022, you only need to state the marriage has broken down; you cannot defend (contest) the divorce.
The court requires that your spouse is served with the divorce papers, though you can apply for "dispensed with service" if they cannot be located.
Often through negotiation or mediation to reach a "clean break". Pensions are considered assets and can be split using a Pension Sharing Order.
No, you do not need to attend a court hearing unless there are disputes over finances or children.
Yes, you can live in the same house, but must live separately (usually leading separate lives) to confirm the break down.
You can likely divorce in England if the court has jurisdiction (e.g., you or your spouse live here)
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