Divorce, Civil Partnerships & Financial Remedies
The breakdown of your marriage or civil partnership is likely to be one of the most difficult times of your life. Whether you need assistance to formally end your relationship, including getting a divorce or dissolving your civil partnership, having an expert by your side to support and guide you toward a solution will be invaluable.
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Divorce or dissolving civil partnerships process
Our lawyers are all experts in divorce and dissolving civil partnerships and can help you through the process by providing:
- help in understanding the process involved in formally ending a relationship, getting a divorce or dissolving a civil partnership;
- guidance on your financial position and your assets including property and land, business interests, corporate structures, pensions trusts or inheritance;
- an assessment of your individual situation and help in identifying the appropriate outcome for you;
- guidance on the applicable legal principles and settlement options;
- advice on the treatment of your family home, pensions and other important assets;
- advice on maintenance entitlement; and
- help with property, corporate issues, wills and tax by working with our colleagues across the firm in other departments.
How we work with you
Whilst based in the South of England, Paris Smith acts for businesses and families throughout the UK. Technology has enabled us to provide a high level of service to our clients whether they are local to our offices or not. Our advice can be given in many ways:
- Over the telephone
- Via video conferencing
- In face to face meetings
We will talk through how you would like to be contacted and the best ways for us to meet in our early conversations with you.
Get in touch to speak with an expert.
Introducing your key contacts
Frank Prior
Partner – Head of Family, Southampton
Huw Miles
Managing Partner – Family, Winchester and Southampton
Frequenty asked question on divorce
Below we have answered some of the questions we are frequently asked around divorce.
Who starts the divorce?
Either of you can start the divorce. So long as you’ve been married at least a year and your marriage was legally recognised in the country in which you were married, you can apply for a divorce.
You will be entitled to a divorce if the marriage has permanently broken down, and your application for a divorce will be sufficient proof of that. You just need to fill in the forms and follow the process.
Apart from being in control, you won’t necessarily get an advantage from being the one to apply, and you will have to pay the costs of bringing the application unless you have agreed otherwise. Being the person who has started the process will have no impact on the outcome of any money issues, or disputes about the children.
If possible, it’s best to talk to your spouse and agree who will start the divorce, when and how the costs are to be met.
Can we divorce together/jointly?
Yes. You can both apply jointly for the divorce. Before, it could only be one of you, and you would have to show that the other one was at fault, or that you had been separated for a long time.
Now, you can go on-line, either together or separately, and complete the check boxes to apply for the divorce as joint applicants. No-one has to say the other is at fault, and the application is by agreement. However, joint applications are likely to be slower and more time consuming and if you use a lawyer, more expensive.
How do I get a divorce?
You can apply either on-line to the on-line court service or by post to the divorce centre at HMCTS Divorce and Dissolution Service, PO Box 13226, Harlow CM20 9UG.
There is a fee to pay of £593, and you will need to provide a certified copy of your marriage certificate. You can agree to share the fee with your spouse, particularly if you are applying jointly for the divorce. If this has not been agreed then the person making the application is likely to have to bear the cost. Once you’ve submitted your application to court, there is a ‘cooling off’ period of 20 weeks. At the end of that time, so long as your spouse has received a copy of the application and there is no dispute about the court’s ability to grant a divorce, you can apply for a conditional order of divorce.
Six weeks after the conditional order has been made, you can apply for a final order. Once the final order comes through, you will be divorced.
It’s as simple as that, and there is no need for you or your spouse to go to court. The whole process however is likely to take at least six months.
Does my husband/wife have to agree to the divorce?
No. Your application for a divorce is all the evidence the court needs that your marriage has broken down.
All you have to do is to make sure either that your spouse confirms to the court that they have received the paperwork (they will be asked by the court service to complete an acknowledgement of service form for this purpose), or to prove to the court that the papers have been properly served i.e. the court is satisfied that your spouse is aware of the proceedings.
It’s no longer possible to defend a divorce. You can “dispute” it, if you think that the court doesn’t have jurisdiction over your marriage (for example, because neither of you lives here or is domiciled here), or if you think there is no marriage to dissolve (perhaps because you didn’t comply with the legal requirements of wherever you got married). But you can’t prevent a divorce by claiming that the marriage hasn’t broken down.
Who pays for the divorce?
The court service charges a fee of £593. The applicant has to pay the fee when sending the application in to the court service. But you can agree to share it, particularly if you are applying jointly for the divorce.
If you instruct solicitors to deal with the divorce for you, they will likely charge you for their time. We will charge a nominal fee for this service. You should be aware however that we will not deal with applications which are being made jointly. There is nothing to stop you doing that yourselves though.
How much does it cost to get a divorce?
The court fee of £593 is payable to the court service.
Solicitors have always charged their clients for dealing with divorces, but those charges were pretty minimal by comparison to the cost of dealing with the financial issues arising from a divorce, or a dispute over the children.
The no-fault divorce is designed for people to be able to do it themselves, without involving solicitors, so you can avoid that relatively small part of the overall cost if you wish to do it yourselves. We can add some value to it – for example, by ensuring that you tick the right boxes and time an application for a final order to your best advantage – but we can also give you that advice so you can do it yourselves.
Do I need a solicitor?
It isn’t a requirement. The forms and on-line system are designed to be easily completed by anyone. However, we can take it on for you if you prefer.
Can we use the same solicitor?
Now that you and your spouse can apply jointly for a divorce, it is possible for one solicitor to act for both of you in relation to the divorce itself. You still have to have separate solicitors for everything else – money, property, pensions, maintenance and children – it’s just the divorce itself that can be handled by one solicitor. We prefer not to as we still believe there are potential conflicts.
You don’t have to use a solicitor for the divorce though – see above – working together on what is now a largely administrative process is encouraged and if you would both be happier doing this it is an additional option now available.
Can we get a divorce before we’ve sorted out the money?
Yes, but that might not be the best thing to do.
The court can’t make any final orders dealing with money/property etc until the conditional order has been made, so you do need to get the divorce underway while you’re sorting out the money side.
However, there might be a problem in finalising the divorce before the money side is sorted out. For example if the spouse with most of the pension investment dies in between the final divorce order being made and the final money order being made, the remaining spouse might lose their entitlement to a widow’s/widower’s pension. For this and similar reasons, lawyers would usually advise clients not to finalise the divorce until the financial issues have been determined and made into a final order.
We can advise you about this potentially difficult issue in the individual context of your case.
How we’ve helped our clients
Divorce, Civil Partnerships & Financial Remedies Resources
Blogs
Press Releases
Podcast
Legal Mythbusting : The Decree Absolute
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Legal Mythbusting : The Decree Absolute
00:35 Dani talks through the four stages to a divorce proceeding: divorce petition, acknowledgement of service form, decree nisi, and decree absolute
00:17 Dani explains how long a divorce normally takes
01:41 Is Decree Absolute the end? Dani talks through what the decree absolute does not cover
02:03 What happens if couples come to an amicable agreement between themselves? Dani discusses how informal agreements do not prevent a financial remedy application being made and what you should do in this situation
03:27 What are the legal implications if one party re-marries?
03:50 What happens when divorce is based on 2 or 5 year separation?
04:15 The timing of decree absolute, how will this affect you financially? Dani discusses wills, death of a spouse and pension payments
06:41 Reasons you might delay Decree Absolute
06:55 How does Decree Absolute your matrimonial home right?
Legal Mythbusting – The Decree Absolute
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Legal Mythbusting – The Decree Absolute
Whilst divorce proceedings frequently appear in the media, there remain some myths and misconceptions surrounding divorce proceedings, and in particular the effect of decree absolute. Danielle Taylor from our Family team explains the stages of getting divorced.
Show notes:
00:35 Dani talks through the four stages to a divorce proceeding: divorce petition, acknowledgement of service form, decree nisi, and decree absolute
00:17 Dani explains how long a divorce normally takes
01:41 Is Decree Absolute the end? Dani talks through what the decree absolute does not cover
02:03 What happens if couples come to an amicable agreement between themselves? Dani discusses how informal agreements do not prevent a financial remedy application being made and what you should do in this situation
03:27 What are the legal implications if one party re-marries?
03:50 What happens when divorce is based on 2 or 5 year separation?
04:15 The timing of decree absolute, how will this affect you financially? Dani discusses wills, death of a spouse and pension payments
06:41 Reasons you might delay Decree Absolute
06:55 How does Decree Absolute your matrimonial home right?
Man’s Best Friend: What happens to pets when you separate?
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Man’s Best Friend: What happens to pets when you separate?
Upon divorce or separation, often the presence of the beloved family pet continues to provide one party with well needed support and consistency. Be it the family cat, the children’s gerbil, the exceptional tortoise or man’s best friend; there are a variety of pets to be considered upon separation. But where should the pet go on separation – who should they stay with, and what legal advice should you seek in this situation?
Show notes:
00:32 Dani examines how pets are viewed in the eyes of the law
01:00 What do you need to consider when separating in relation to pets?
01:06 What do the courts in England and Wales say?
01:35 Financial proceedings: Dani discusses at what happens when you can’t agree on what happens to a pet on separation
02:40 Dani explores what happens to pets which have a significant monetary value
03:27 Dani looks at the emotional ties we have to our pets and how they can affect divorce proceedings and legal costs
03:45 Dani concludes the podcast by summarising what advice you should seek from your lawyer when it comes to separation, divorce and pets
Videos
Divorce language
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Divorce language
00:00.0 Divorce language, the old versus the new. One other point to note under no fault divorce is that there has been a change in terminology. This is often forgotten about because it doesn’t have any impact on the actual divorce process, but it is important for us to demystify those concepts for you.
00:18.8 We’ll start by going through the old language and then telling you what the new equivalent is. Divorce petition, divorce application decree, sci conditional order decree. Absolute final order.
Divorce and how that relates to sorting out financial matters
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Divorce and how that relates to sorting out financial matters
00:03.6 As promised, we also want to discuss the interplay between divorce and how your money is divided on separation. Divorce and finances are technically separate, but they run in parallel and they come together at the important stage of conditional order within the divorce proceedings.
00:20.9 This is the first time that a judge can consider an agreement that you and your spouse have reached about money, property, and finances generally.
00:28.2 It’s therefore really important. We often say to clients, particularly given the 20 week reflection period, that it is important to think about timing and getting the divorce underway sooner rather than later. Many people think that getting divorced is all they need to do to formalise their separation.
00:46.1 However, a divorce does not extinguish the financial claims that you have between you, and so it’s crucially important to also deal with the finances and obtain a financial order.
00:58.8 Another important consideration is remarriage and what that might do to financial claims in the future. This will often depend on what happened in the divorce application with your former spouse.
01:09.3 This is known as the remarriage trap. If you are therefore considering getting married, it’s really important that you take advice. This is a potentially very tricky issue, and so you will need specific advice based on the context of your case and your individual circumstances.
Do you need a solicitor to divorce?
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Do you need a solicitor to divorce?
00:02.9 One of the key considerations and concerns that our clients have had over the last 12 months are the costs of the divorce application.
00:09.9 There will be a court fee for the divorce application, and this will be paid by the applicant when sending their application to the court. Normally, that court fee will cover the costs for the entire divorce process.
00:24.2 The court won’t say who has to pay, and that’s why it’s really sensible to have a discussion with your spouse before the application is being made, particularly if you are making it on a joint basis. Some people will want a solicitor to help them with the divorce application. That is entirely up to you. The system has been designed to be user-friendly, but you may want a solicitor to have a look at your answers and check them for you.
00:48.9 This is particularly so given some of the boxes are really important and could have implications for you if it’s not done correctly. In that way, having a solicitor could be viewed as an investment to make sure everything is done properly and you are safeguarding your future.
01:03.5 People often think that the divorce is the most expensive part of separating. The reality is that whilst it is very important, it is largely administrative and usually one of the smaller aspects of your case. Discussions in relation to your money and the arrangements for your children are likely to be more time consuming and therefore expensive.
How long does a divorce take?
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How long does a divorce take?
00:02.4 One of the other questions that we are often asked is, how long will it take to get divorced? The application process is online and once that has started and the court has processed the application, it sets in place a 20 week reflection period. This processing by the court is also known as issuing. In this time, a copy of the divorce application, if it’s been made solely, will be sent to the other person for them to acknowledge. They’re meant to do this within 14 days.
00:32.4 If they do not, additional steps will need to be taken as the court must be satisfied that the other person is aware of the divorce.
00:40.5 The 20 week period gives you plenty of time to deal with this.
00:45.2 Once that 20 week period has elapsed, provided the other person knows about the divorce, you can make your application for what is known as a conditional order. Once this application is made, the judge will have a look at all of the papers and make sure everything is in order. If it is, you will get what is known as a certificate entitlement, and this is giving you the date that the conditional order will be made on. Six weeks plus one day after the date of the conditional order.
01:11.1 You can apply for your final divorce order which is what will formally end your marriage. ???? You do need to be a little careful before taking this step, however, as if you’ve not resolved your money, it can have implications, particularly for pensions.
01.26.9 If in doubt, take advice as you don’t want to be financially worse off. And you’ll actually find that a lot of people don’t apply for that final order until the finances have been resolved.
01:37.6 And that’s something that we have a look at in one of our other videos that will come later in the series.
Who starts the divorce?
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Who starts the divorce?
00:01.6 We thought we start by looking at who actually starts the divorce.
00:06.9 The reality is that either of you can start the divorce process. Generally, as long as you’ve been married for at least a year and your marriage was r legally recognised you can apply. You’ll need to show that the marriage has permanently broken down.
00:20.7 It’s actually the application form that does that. You work through the form completing the boxes, and one of the statements is to say that the marriage is permanently broken down. One important point to note is that you will need a copy of your marriage certificate to start the process. Don’t worry too much.
00:36.5 If you’ve misplaced the original, you can obtain a certified copy. It’s also really important to ensure that when you scan your marriage certificate in, you do so in colour, as this will avoid unnecessary delay.
00:48.5 Can we divorce together?
00:50.1 I’ve been asked quite regularly over the last 12 months whether there’s any advantage to being the person who brings the divorce application.
00:57.3 The answer really is that it depends, being the applicant does give you an element of control, but otherwise the advantages are limited, so it’s going to depend on what’s important to you. You also need to think about the cost of the application. It is generally the person who is making the application, who is going to have to pay those costs.
01:15.4 It’s really important to bear in mind that who starts the process has no bearing on any money issues that are left to be resolved or indeed what the arrangements for your children should be. I think our top tip is to really discuss matters with your spouse.
01:31.5 Think about who’s going to start the divorce, when you’re going to start it, and actually how the cost is going to be shared. This is a really important point, and I can’t emphasise that enough.
01:42.1 I think it ensures that there are no surprises and also really helps to get your case started on the right track.
Family Law FAQs
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Family Law FAQs
0:01.2 Hi everybody. My name is Heather Souter and I am a senior associate here at the family team at Paris Smith. Hello everyone. My name’s Zoe Culverwell and I’m an associate in the family team here at Paris Smith. We are delighted to have you back for our second series in our family law videos.
0:18.5 In our first series of videos, we covered the different ways of reaching a resolution. We’re now moving on to frequently asked questions.
0:26.6 And that’s because as family lawyers, no two days are ever the same, and we’re quite often asked very similar questions.
0:33.5 These concepts are obviously very familiar to us as family lawyers, but they will often be new to you at a stressful time. We thought you would therefore be helpful to go through things that come up regularly and try to demystify some key concepts and legal jargon.
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