It is never easy to decide whether a relationship is beyond repair and there is a need to contact divorce solicitors. However, it might be time to contemplate a permanent split if there is adultery, a lack of passion or emotion, overwhelming toxicity, or no willingness from either party to mend the relationship.

Issues in divorce and choosing the right divorce solicitors

Our experienced divorce solicitors at Robertsons Family Law can guide you through the divorce process.  

Several issues can arise in a UK divorce:  the welfare of the family’s children, the assets and income capacity of the parties and its division, handling full financial disclosure, and more.  The family home is often a crucial point for discussion and can be dealt with in many different ways. 

‘The marriage has irretrievably broken down.’

The legal ground for divorce is that the spouse who starts the proceedings must show that the marriage can’t be fixed and has permanently broken down.   

We are now in the era of the ‘no-fault’ divorce, which means that a spouse only needs to state that the marriage has irretrievably broken down. Both you and your spouse also have the opportunity to make a joint application. A divorce can now only be defended on very limited basis.

It is good to get guidance from specialist family law solicitors to ensure that you handle the divorce proceedings correctly. Not all divorces are straightforward. Financial settlements and arrangements for children can be complicated and intertwined, especially if it is your second marriage or you have many assets. 

Robertsons Family Law have acted for a range of clients, from the those serving in the police or armed forces, to business executives and celebrities. We therefore have the expertise to deal with any circumstances that arises through the divorce process.

Read more about this topic on our Legal Insights page: Divorce

FAQs on the divorce process

How does the divorce process work in the UK?

One of the spouses (or both) must send a divorce application online to start the proceedings. You must have been married for at least a year, and the UK must be your permanent home. You also need to be sure that your marriage has irretrievably broken down. If it hasn’t you could consider contacting marriage counselling.

Should your spouse file for a divorce, you will need to return an acknowledgement of service to the court. It is only possible to defend a divorce in limited circumstances.

Two decrees:  A Conditional Order is a legal document to establish no barrier to the divorce. Once granted, you can apply for a Final Order after 43 days, and your marriage will be officially over. If

Settlement. All that remains is to divide your assets and finances.  Should there be children, you must decide how you will support them, who they would live with and what type of contact the other parent will have with them.

How can I get divorced quickly?

Unfortunately, there is no such thing as a ‘quickie’ divorce in the UK.  The reality is that a divorce can take up to six or seven months to be finalised, and that is only if the parties decide to cooperate and work together.   The final stage of divorce (the Final Order) is not normally applied for until all financial issues have been resolved, and for some, this can take a long time. If you don’t want to divorce immediately, you may want to consider a separation agreement.

How is a divorce settlement usually calculated?

In the UK, both parties to the divorce must declare the full extent of their assets, debts, and liabilities as the first step in a divorce settlement.  The court will then calculate the needs of both parties in terms of housing, pensions, mortgages, business assets and more. If there is a shortfall, it must be addressed.   

The starting point for a divorce settlement is a 50/50 split, but it is not automatic. There are many factors that the Court will consider.   See our blog on the separation of assets in divorce for more detailed information.

Can I protect my finances in a divorce?

It is important not to start moving or selling assets when the divorce process commences. This could have an adverse effect on you and could involve the court at a much earlier process than usual. Assets could be frozen and you could incur substantial court costs.

This is not to say that you can’t use assets or spend money, but it is important to get the advice of experienced divorce solicitors.   Such a person can help you strategise right from the beginning so that the impact of a financial settlement is as advantageous as possible.

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