We are here to guide you through the divorce process from beginning to end, ensuring you have all the support you need at this difficult time
Our experienced and understanding divorce solicitors deal with all work relating to the breakdown of relationships and the division of shared finances; from cases involving high-value, complex assets through to arrangements for children. We have assisted thousands of couples to reach amicable settlements that have worked for both sides.
How our divorce solicitors can help you
Our team offers advice at all stages of an ending of a marriage or civil partnership, and can guide you when it comes to applying for a divorce, as well as issues that arise from relationship breakdowns.
We have particular expertise in offering advice in the following areas:
- Separation: Whether permanent or on a trial basis, we can assist in formalising details for an agreement or deed
- Arrangements for children: We have extensive experience in representing parents, grandparents and other family members in disputes as to where children will live and how they will spend their time
- Financial arrangements: Dividing assets can often be the most troublesome aspect of a divorce, but we can help to negotiate the fairest settlement
- Collaborative law: This alternative to formal proceedings is suitable for those seeking a more amicable and effective way of managing a divorce
Our team of friendly and knowledgeable divorce solicitors adopt a constructive approach to resolving family problems arising from any relationship ending. We will listen to your concerns and do all that we can to find the right settlement that works for you and your family.
Understanding divorce proceedings
Under no-fault divorce, a couple can divorce without having to prove their reasons to the court, providing they have been married for longer than one year.
One spouse (the applicant) files a divorce application with the Family Court. This document is a formal request to end the marriage. Our specialist team will assist in preparing and filing this application, ensuring that all legal requirements are met.
Upon receiving the application, the other spouse (the respondent) must acknowledge it and indicate whether they consent to the divorce. There are only limited circumstances in which a divorce can be contested – it must be done within 20 weeks of the application and, provided that the respondent has responded, the applicant can apply for a Conditional Order, which is the first stage of the divorce. This stage involves the court reviewing the application and response to establish that the divorce can proceed.
Negotiations regarding financial settlements and child arrangements are critical aspects of the divorce process and can be complex, particularly in cases involving substantial assets or international elements, requiring careful negotiation and legal expertise.
Once financial settlements and child arrangements (if necessary) are agreed upon, and after a statutory waiting period following the Conditional Order, the applicant can apply for a Final Order. As the name suggests, this is the final legal document that officially dissolves the marriage.
Throughout each of these stages, Ramsdens is committed to providing clear, empathetic and expert guidance. We understand that divorce is more than a legal process; it’s a personal journey with its own set of challenges that require support and understanding. Our approach is tailored to your circumstances, ensuring that you receive personalised guidance and support throughout your divorce proceedings.
Divorce process (UK) – A guide timeline
Below is the divorce process in the UK for an undefended divorce
The vast majority of divorces are undefended and are dealt with on the papers, without the need for anyone to appear at court, unless directed by the court otherwise. The timescale for an undefended divorce is usually 6 months.
Frequently asked questions
If you have been married for more than one year, you can get a divorce by stating that your marriage has broken down irretrievably. There is no need to apportion ‘blame’ to either party for the ending of the marriage.
Obtaining a divorce is straightforward; however, resolving the financial consequences of your marriage ending can be more complex, depending on your unique circumstances. Our divorce solicitors are dedicated to forming a strong working relationship with you to ensure that you have the help and support you need throughout the process.
The process of divorce can seem daunting, and expert divorce lawyers can help. Your first step should be to call us, and we will help you understand the best steps to take. If you decide to go ahead with your divorce, our team will stand by you throughout the entire process, explaining each part to you as you go, so you can make informed decisions, and represent you in any important communications, or if disputes arise.
Although divorces can only be granted by the court, only a few cases will require input from a Judge, which means few couples have to attend court to deal with the divorce itself. In the majority of cases, the divorce will take place either online or by paperwork passing between the relevant parties.
It is extremely difficult to provide an estimate for how long the divorce process will take due to the unique nature of every relationship ending. However, the procedure from application to Final Order will take a minimum of 26 weeks. This timescale can differ considerably depending on the nature of financial negotiations, which often means the divorce will take much longer.
Both parties in divorce proceedings must strive to reach an agreement on how financial assets will be divided before finalising the divorce. Once an agreement is reached (even if you are both retaining all your assets in your names and there are no joint assets), you should enter into a Consent Order that can be lodged in court once your conditional order has been pronounced.
We always advise that clients disclose the details of all assets and liabilities in which they have an interest, including pensions and any business assets, before reaching an agreement as to how their finances should be divided. Once an agreement has been reached, we can assist with drafting a Consent Order. Once sealed by the court, the Consent Order also has the effect of ensuring that parties cannot claim against each other in the future.
In the UK, the division of assets is typically based on the principle of fairness, which considers several factors, including:
- Duration of the marriage: longer marriages may lead to a more equal division of assets, whereas shorter marriages might result in assets being divided along the lines of what each party brought into the marriage.
- Each party’s financial needs and contributions: this includes income and assets brought into the marriage, and non-financial contributions, like homemaking and child-rearing.
- Future needs: this is especially important where children are involved.
- Standard of living during the marriage: attempts are made to ensure that both parties can, as far as possible, continue to enjoy a similar standard of living post-divorce.
- Age and health of each party: this can impact earning potential and needs for ongoing medical care.
- Children’s welfare: the primary concern is ensuring that the needs of any children involved are met.
The types of assets considered in a divorce can include property, savings and investments, and business interests.
Our team at Ramsdens focuses on achieving a settlement that is not only legally fair but also practical and sustainable for your future. We can assist with valuations, negotiations and drafting of a consent order to formalise the agreement.
It is possible to get a divorce without your spouse’s consent, as it is now difficult to oppose a divorce. However, if your spouse does not respond to the divorce application, we can help you assess your situation and understand the best course of action.
Divorce process - A guide
We have put together a helpful guide to the divorce process.
