Getting a Divorce or Ending Your Civil Partnership

Divorce is a legal process that formally ends a marriage or civil partnership, allowing both parties to go their separate ways and legally remarry if they wish. It involves various legal steps, including filing a divorce petition, reaching agreements on issues such as child custody, property division, and financial support, and obtaining a decree absolute to finalise the divorce.

We provide expert legal assistance and representation for couples going through divorce or separation, helping them navigate issues such as asset division, spousal support, and child custody arrangements.

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What is a no-fault divorce?

In the UK, a "no-fault divorce" refers to a type of divorce where the spouses do not need to prove that one party was at fault for the breakdown of the marriage. Before the introduction of no-fault divorce legislation, individuals seeking a divorce typically had to demonstrate grounds such as adultery, unreasonable behaviour, desertion, or lengthy separation.

The concept of no-fault divorce aims to simplify and streamline the divorce process by allowing couples to end their marriage without assigning blame to either party. Under no-fault divorce laws, the only ground for divorce is usually the irretrievable breakdown of the marriage, which can be evidenced by a period of separation or mutual agreement between the spouses.

The Divorce, Dissolution and Separation Act 2020, which came into force in England and Wales in 2021, introduced provisions for no-fault divorce, allowing couples to obtain a divorce without having to attribute blame to one party. This legislation replaced the previous requirement for spouses to provide evidence of fault or separation for a specified period before being granted a divorce.

Before you apply for divorce

Before applying for a divorce, ensure that you meet the eligibility criteria. You must have been married for at least one year and have a permanent home in England or Wales.

You must decide whether you want to make a joint application with your husband or wife or whether you want to apply on your own.

Making a joint application with your husband or wife

You can make a joint application if both of the following apply:

• you both agree that you should get a divorce
• you're not at risk of domestic abuse

You will need to decide if you want to apply online or by post. Your husband or wife needs to use the same application method. You'll both have to separately confirm that you want to continue with the divorce application at each stage of the process. If your husband or wife stops responding, you'll be able to continue with the divorce application as a sole applicant.

Applying for a divorce on your own

Make a sole application if either of the following applies:

• your husband or wife does not agree you should get a divorce
• you do not think your husband or wife will cooperate or respond to notifications from the court

You will need to confirm you want to continue with the divorce application at each stage of the process.

How long does the divorce process take?

The duration of the divorce process depends on various factors, such as the complexity of the case, whether it's contested or uncontested, and the caseload of the court. On average, it can take 6-12 months or more.

What happens to our shared assets and debts during divorce?

Shared assets and debts are typically divided equitably between spouses during divorce proceedings. This may involve negotiation between the parties or a decision by the court if they cannot reach an agreement.

How does divorce affect children?

Divorce can have emotional and practical implications for children. Parents should strive to minimise conflict and prioritise their children's well-being throughout the process. Custody and visitation arrangements should be made in the best interests of the children.

Why choose Vanguard Solicitors?

• Legal Expertise: Family law is a complex and specialised area of law that encompasses various issues such as divorce, child custody, adoption, and domestic violence. Our family law solicitors have in-depth knowledge and expertise in this field, enabling us to provide accurate legal advice and guidance tailored to your specific situation.
• Protection of Rights: Our family law solicitors ensure that your rights are protected throughout the legal process. Whether you're going through a divorce, seeking custody of your children, or dealing with domestic violence, we will advocate for your interests and help you navigate the legal system effectively.
• Negotiation and Resolution: Many family law cases can be resolved through negotiation, mediation, or collaborative law processes, rather than through costly and adversarial court battles. Our family law solicitors are skilled negotiators who work to achieve fair and favourable settlements for our clients, avoiding unnecessary litigation whenever possible.
• Representation in Court: In cases where litigation is unavoidable, having a family law solicitor by your side is crucial. We can represent you in court, present your case persuasively, cross-examine witnesses, and argue on your behalf to secure the best possible outcome.
• Legal Documentation: Our family law solicitors handle all the necessary paperwork and documentation required for your case, ensuring that everything is prepared accurately and in compliance with the law. We draft legal documents such as petitions, agreements, and court filings, relieving you of the burden of navigating complex legal forms.
• Compassionate Support: We understand that family law matters can be emotionally taxing and stressful. That's why our team provides compassionate and empathetic support to our clients throughout the legal process. We're here to listen to your concerns, answer your questions, and provide the guidance and reassurance you need during this difficult time.
• Transparent Communication: We believe in open and transparent communication with our clients every step of the way. We keep you informed about the progress of your case, explain legal concepts in clear and understandable terms, and promptly address any questions or concerns you may have.
• Regulated by SRA: We're authorised and regulated by the Solicitors Regulation Authority (SRA), so you know you're in safe hands.

Contact divorce & family law solicitors today

If you require expert legal assistance for a family law matter, don't hesitate to contact us today. Our team of experienced divorce and family law solicitors is here to help you navigate through these challenging times and achieve a positive resolution for you and your family.

To schedule a consultation with our divorce or family law solicitors in London, please call us on 0208 616 5535 or contact us through our online contact form.