Divorce & Family – Advice and FAQs

Divorce & Family Advice and FAQs

How do I start divorce proceedings?

To start divorce proceedings, you must file a divorce application with the court. This can be done online or by completing a paper form (Form D8) and submitting it to your nearest family court. The divorce is always based upon irretrievable breakdown. This doesn’t require assigning fault, as no-fault divorce was introduced in 2022.

The application includes your personal information, marriage details, and any arrangements you have made for children or finances. A court fee is typically required unless you qualify for help with fees. Once filed, the application will be reviewed by the court and sent to your spouse, who will need to respond. After this, the process involves applying for a Conditional Order and, ultimately, a Final Order to legally end the marriage.

Who will get our family home after the divorce?

What happens to the home and other assets in a divorce depends on all the circumstances of the case, as courts aim for a fair distribution of assets rather than automatically awarding the home to one party. When determining who keeps the family home, the court will consider factors such as the needs of any child under 18, the value of all the assets, the income of each spouse at the time and in the future, previous standards of living, individual financial needs, the age of each spouse and other factors, including the past conduct of a spouse in rare cases.

In some cases, the home may be sold, and the proceeds divided between the spouses agreed or decided upon by the court. Sometimes, one spouse may remain in the home in exchange for a capital payment or other family assets. In some cases, one spouse may remain in occupation and the other will receive a deferred payment when the property is eventually sold.

If both parties can agree on how to handle the family home, a negotiated settlement may be reached and a court order made, in the terms agreed, although a court can make a final decision if an agreement cannot be reached. Seeking advice from a family law solicitor can help you understand your options and pursue a fair outcome.

Do we have to agree what will happen to our child/children before we start divorce proceedings?

No, you do not have to agree on arrangements for your child or children before starting divorce proceedings. However, making preliminary decisions about where the children will live and how often and for what periods the children visit the other parent reduces stress and can be very reassuring to children.

In most divorces, child arrangements are agreed between parents, but if this does not prove possible, you may need to consider mediation to reach a suitable compromise. Mediation often results in agreement being reached. In cases where an agreement remains challenging, either parent can apply to the court for a Child Arrangements Order. This order will establish specific terms for where the child will live and when they will spend time with each parent.

A family solicitor can provide you with advice while you go through the mediation process, or advise and represent you during court proceedings, should they become necessary and help to explore your options and focus on the most suitable arrangements for your children.

If court action is commenced, then the court’s primary concern is always the welfare of the children and prioritising their interests.

How do we organise our finances in order to divorce?

Organising your finances for a divorce involves a clear, detailed understanding of all marital assets, debts, and income. Begin by gathering financial documents, including wage slips, bank statements, Land Registry documentation relating to properties, pension information, investment account information, and details of any shared debts.

There may be other documents which need to be obtained. Both you and your spouse must provide full financial disclosure to ensure transparency. This information will form the basis for decisions on how to divide assets, including pensions, allocate debts, and arrange any ongoing financial support, such as spousal maintenance.

If possible, try to reach an agreement on the division of finances through negotiation or mediation, but remember to take legal advice with regard to your rights before coming to a final agreement.

A family solicitor can guide you through this process, ensuring you meet all legal requirements and helping you consider your present and future needs and that the assets are divided fairly. Careful financial planning during divorce can protect your financial stability and ensure a fair outcome for both parties.

Will I need a solicitor to help with divorce proceedings?

While you are not legally required to have a solicitor to get a divorce and the process of obtaining a divorce is a relatively straightforward online process, dealing with the division of assets and maintenance or disputed child arrangements can be very challenging. A solicitor can provide valuable guidance, help you understand your rights, and ensure that all necessary legal requirements are dealt with properly. They can also assist with advising with regard to mediation, drafting and reviewing legal documents, negotiating with your spouse or their solicitor, and representing you in court if needed.

In any divorce, it is essential to reach a fair outcome that secures your financial future and, if applicable, provides for your children’s needs. A solicitor can help you achieve this, giving you peace of mind that the process is being handled professionally and sympathetically and that your interests are protected.

What is the ‘No Fault’ divorce process and how long does it take?

The ‘No Fault’ divorce process allows couples to legally end their marriage without having to assign blame to either party. Introduced in England and Wales under the Divorce, Dissolution and Separation Act 2020, it removes the need to prove adultery, unreasonable behaviour, or separation. Instead, one or both spouses simply state that the marriage has broken down irretrievably.
Once the application is submitted, there is a minimum 20-week reflection period before the Conditional Order is granted. Following that, there is a further 6-week wait before the Final Order (formerly known as the Decree Absolute) can be issued. In total, the process takes at least 26 weeks, although it may take longer if financial or childcare arrangements need to be resolved.

What steps do I need to take to end a civil partnership?

Ending a civil partnership follows a process similar to divorce. You’ll need to apply to the court for a ‘dissolution order’, stating that the partnership has broken down irretrievably. Unlike in the past, there’s no longer a requirement to cite fault or specific conduct.

Once the application is made, there’s a mandatory 20-week period before the Conditional Order is granted. After this, you must wait a further 6 weeks before applying for the Final Order, which formally ends the civil partnership. It’s also advisable to consider how financial matters, pensions, and any arrangements for children will be dealt with before the dissolution is finalised.

Do I need a solicitor to help with ending my civil partnership?

You’re not legally required to use a solicitor, but having professional legal advice is often highly beneficial—particularly if there are joint assets, children, or financial claims involved. A solicitor can guide you through the process, help protect your legal rights, and ensure that financial agreements are fair and legally binding.

Even in cases where the split is amicable, it’s wise to get independent legal advice before applying for a Final Order to make sure your interests are safeguarded, both now and in the future.