The end of a marriage or civil partnership can be devastating, not only to the two main people involved but also to any children or extended family. Not knowing your legal rights and responsibilities can make this upsetting time even more difficult.
Our lead family law Solicitor, Sarah Hull, has over two decades of experience and is able to guide you through the process and advise you on all of the options that are available to you.
How do I settle divorce proceedings or a civil partnership dissolution?
The process of starting or responding to divorce or civil partnership proceedings can be confusing and stressful. If you do not get the details right, it can mean things take a lot longer and could lead to unnecessary conflict.
A dissolution can be requested if you wish to terminate your civil relationship. Both follow the same procedure. The phrase “no fault” refers to the fact that you are not required to provide a reason for your divorce or dissolution.
Our divorce lawyers can guide you through the legal side of ending your relationship, helping the process to go as swiftly and smoothly as possible. We can also advise you on the most effective approach to minimise the potential for conflict with your spouse or civil partner.
Divorce and Dissolution Applications Before April 6, 2022
The process for your divorce or dissolution is different if you submitted your application before April 6, 2022, because the law has since changed. You can still find guidance on how to proceed with your application on GOV.UK.
If you need advice on financial matters, property, or arrangements for children, you can get help from Citizens Advice on their page about deciding what to do when you separate.
To get divorced or end your civil partnership, you will need to:
- Decide who should apply.
- Get the information and documents you will need.
- Fill in the application.
- Check how your partner will be told about the application.
- Find out how your partner can respond.
- Ask for a conditional order.
- Ask for a final order – this completes the divorce or dissolution.
Financial settlements for divorce and dissolution
Achieving a fair separation of your finances that meets your needs can be challenging during a separation, especially if there are high value and/or complex assets to consider. While you can apply to a court to make a settlement for yourself, most couples are now able to agree on a settlement out of court with the right legal advice and support.
Our family law team can help you achieve the best possible settlement for your divorce or civil partnership dissolution with clear, practical advice and support. We have particular expertise in matters including business assets, trusts, and high net worth assets.
Find out more about how we can help you make a financial settlement for your divorce or civil partnership dissolution.
Arrangements for children
When you have children, divorce and separation can be particularly difficult to deal with. Making sure your children’s best interests and your rights as a parent are protected requires a careful approach so that you can get the right arrangements in place while avoiding unnecessary conflict.
Our family law team is highly experienced in dealing with arrangements for children, so can help you agree with your former partner on how to share your children’s care in a way that works for everyone. Where you cannot make a voluntary agreement, we can advise you on your options, including taking the matter to a family court if required.
How are fees calculated?
We know that the cost of dealing with divorce and civil partnership dissolution is usually a key concern for many people. We therefore aim to keep our pricing clear and competitive, while offering you the high-quality expertise and personal service you deserve.
Some of our services can be offered on a fixed fee basis, meaning we quote a single price to handle a specific matter, and that is the only price you pay. This is often a good option for straightforward issues, such as filling out and submitting your divorce petition.
Other services are more normally offered at an hourly rate, meaning we can offer you exactly as much support as you need to see the matter through to the right outcome. All billable work is always agreed in advance, allowing you to keep total control over the costs involved.
Frequently asked questions:
Responding to a Divorce Application
If your spouse has initiated divorce proceedings against you, the divorce centre will send you their application, also known as a ‘petition.’
You will receive this either online or by post, along with a ‘notice of proceedings’ and an ‘acknowledgment of service’ form.
It is important to keep the notice of proceedings, as it contains your case number and instructions for what to do next.
Your method for responding will depend on how your spouse filed for divorce and whether you have legal representation.
If your notice of proceedings includes an access code, you can respond online by creating an account. You must do this within 14 days of receiving the notice. Note that you cannot respond online if you have a solicitor.
Immigration and Visas After Divorce
If your UK visa is a dependent visa tied to your partner, a divorce or dissolution will cause you to lose your immigration status. You will need to apply for a new visa to stay in the UK; otherwise, you may have to leave.
It is highly recommended to seek advice from a specialist legal adviser, especially if your partner is from the European Economic Area (EEA) and lived in the UK before January 1, 2021, as special rules may apply.
Both you and your partner must inform the Home Office of the separation or divorce. You can find guidance and specialist advisers through Citizens Advice or GOV.UK.
Duration of Divorce or Dissolution
The divorce or dissolution process takes a minimum of six months to complete, even in the most straightforward cases. It may take longer if there are issues concerning finances, property, or children, as these matters are handled separately from the divorce or dissolution itself.
Court and Legal Fees
A court fee of £612 is required when you file for divorce or dissolution. You may also have additional costs if you hire a solicitor.
You have the option to share the court fee with your partner. If you are the one making the application, it is a good idea to collect their portion of the payment before you submit the fee.
Getting Help with Court Fees
You may be eligible for a reduction or complete waiver of the court fee if you are on certain benefits or have a low income. It is essential to apply for this assistance before you submit your divorce or dissolution application.
Important considerations:
- Individual Applications: If only one person is eligible for help with fees, it is best for that person to file a sole application.
- Joint Applications: For a joint application, both partners must be eligible for help with fees to receive any assistance.
You can check your eligibility and apply for help with your court fee on the official GOV.UK website.
Help for Domestic Abuse
If you feel anxious or threatened by your partner, it is important to seek help. Here are resources you can turn to:
Do you need a solicitor? How Oakwood Solicitors can help.
Before starting the divorce or dissolution process, it is wise to seek legal advice. A solicitor can offer invaluable support, and at Oakwood Solicitors, you will be assigned a dedicated advisor who will guide you from start to finish.
They will be available to answer any questions, resolve issues, and provide regular updates to make the process as stress-free as possible.
A solicitor can:
- Communicate on your behalf: They can handle all communication with your partner and their solicitor, sparing you from potentially difficult conversations.
- Provide court representation: A solicitor can represent you in court, ensuring your voice is heard and your interests are protected.
- Work for the best outcome: They will strive to achieve the best possible result for you in all aspects of the divorce or dissolution.
Further information:
Oakwood Solicitors: Divorce and Civil Partnership Dissolution.
For divorce applications, visit the GOV.UK divorce page.
For dissolution of a civil partnership, visit the GOV.UK dissolution page.
WHAT TO DO NEXT
If you believe or feel you have a claim, contact us for a free initial consultation regarding your options on 0113 360 1528 or email enquiries@oakwoodsolicitors.co.uk.
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Sarah Hull is a Family Law Consultant. Sarah is adept at understanding and managing difficult issues, involving settlements including High Net Worth Assets, Company Structures, Family-Owned Businesses…
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