How do I get a Divorce?

Freeths’ team of family law solicitors know that divorce is not easy. We can help by ensuring that your matter is dealt with efficiently and with sensitivity. If your marriage or civil partnership has broken down and divorce or dissolution is the only option, from 6 April 2022 you can begin a divorce immediately on the basis of irretrievable breakdown of the relationship. You do not need to accuse your spouse of adultery or make any allegations about their behaviour. You must have been married for more than one year before you can start a divorce.

We will work with you to gather all of the relevant information, prepare and issue the divorce application, and advise you on the matters that need to be considered when getting divorced. The divorce procedure alone can take six to eight months, but the process may take longer as in order to bring an end to all of the possible financial claims that you have against each other as a result of the marriage, a financial court order is required, which is a separate but interlinked legal procedure.

Once the application for divorce has been made, there is a period of 20 weeks before the court can issue a conditional order of divorce. This confirms that you are entitled to a divorce, but does not end your marriage. Six weeks and one day later, you can then apply for the final order, completing your divorce. Sometimes, there are financial reasons why applying for the final order should be delayed.

References to marriage and divorce in this section apply equally to civil partnerships and their dissolution.

• We have a successful record in reaching financial agreements, without the need to go to court
• Our nationally renowned family lawyers have an extensive experience in calmly handling divorce
• We develop innovative solutions to difficult problems, carefully tailored to your individual needs
• You can trust our team to take a sensitive, empathetic approach to your personal situation
• We are ranked in the top tier by both the Legal 500 and Chambers for family law advice

The family team at Freeths encourage their clients to try and resolve their issues amicably.

It may be appropriate for you to consider mediation, collaborative practice or other methods of negotiation to avoid costly court involvement. However, if matters cannot be resolved amicably, an application to the court may be necessary.

All of our team are members of Resolution, a family law professionals’ group committed to resolving family disputes in a constructive, non-confrontational way that puts the best interests of any children first.

Financial issues are usually resolved at the same time as the divorce, or shortly after, covering things like maintenance and what will happen to the family home and other assets. Our experienced family lawyers will explain the various different approaches that you can use to resolve everything. Our aim is to help you reach an agreement so that a formal order can be prepared and approved by the court.