Family Law

On 6 April 2022 a new process for divorce was introduced based upon a period of separation. The ground for divorce is still that the marriage has irretrievably broken down. However, there are no allegations of fault. One or both parties to the marriage can apply for the court for a divorce. Following the application there will be a period of 20 weeks before a conditional divorce can be obtained and a further six weeks before applying for the final divorce.

Where ever possible we encourage parents to reach agreement in relation to their children. We will discuss with you mediation and other alternatives to resolve any conflict. There is more information on the Resolution website. If matters cannot be resolved, and sometimes there is no alternative but to apply to court, then we will advise and support you at every stage. Under the Children Act 1989 the court’s primary concern is the welfare of the children.

If you are separating there it will be necessary to sort out financial issues including your house, savings, pension and debts. This can be dealt with alongside your divorce, or at any stage prior to remarriage.

There is a duty of full and frank disclosure of your respective financial positions on both parties to a marriage. This is often dealt with informally at an early stage, but if a formal consent order is to be obtained (which avoids the risk of a further financial claim in the future) this information must be supplied to the court with the agreed order.

Without full disclosure it is not possible to advise you as to your rights, entitlement or likely outcome as each case depends upon your own individual circumstances.

Mediation can help parties reach an agreement.