Our divorce services
At Reiss Edwards, our compassionate and highly experienced divorce lawyers can assist you with any divorce-related matter, including:
- Legal advice on your divorce
- Filing and responding to divorce applications
- Financial matters
- Child arrangements/child custody
- Representation in court hearings
- Drafting and reviewing legal documents
Legal advice on your divorce
Whether you wish to discuss your divorce, to better understand your rights and those of your children, or for guidance on the best strategy to achieve the best possible outcome, our team of expert divorce lawyers are here to help. We understand divorce can be one of the most difficult and stressful times in our lives, and we will do everything we can to support you through the process, including dealing with any disputes or complexities, securing a divorce financial settlement, and finalising child arrangements.
Filing and responding to divorce applications
We can handle your divorce application or respond to a petition on your behalf, ensuring that it is completed and filed correctly and within the required deadlines at each stage. We will then handle any further correspondence, including answering questions and requests for further information and documents.
Financial matters
Our dedicated team of divorce lawyers have considerable experience in guiding those going through a divorce with their financial arrangements. We can advise and represent you in relation to your divorce financial settlement, interim payments, spousal maintenance, child support, and financial disclosure disputes (e.g. where one party attempts to hide assets).
Child arrangements
Coming to an agreement on child living and contact arrangements with an ex-partner after a divorce can be fraught with tensions and disagreements. Our divorce lawyers have had considerable success in resolving child arrangements matters outside of the court, which preserves the relationship for the benefit of the child and results in an agreement that is more likely to be adhered to. Whether your matter can be resolved through non-court dispute resolution (NCDR) or requires the help of a judge in a family court, we will be there to guide you at each step of the way to support you and your children.
Representation in court hearings
Where matters need to be handled in a court of law (e.g. financial settlement or child arrangement orders), we will be there to represent you at each hearing. We understand the court procedure and will explain what will happen at each stage.
Check our in-depth article talking about divorce hearings.
Drafting and reviewing legal documents
We are highly proficient at drafting and reviewing legal documents during and after the divorce process. If you and your ex-partner can agree on financial and child-related matters, we will draft an agreement that can then be approved by the court and ensure that any agreement reached with your ex-partner is legally binding. It is always important to consider the various scenarios that can occur following divorce and make sure that your agreements reflect each of these. This is where our experience and attention to detail make all the difference.
What will happen at your first appointment with a divorce lawyer
At your first consultation with our divorce lawyers, our aim is to understand your circumstances, explain your legal options, and outline the steps ahead. Here is what typically happens at your first consultation (please note: each case is unique, so the process may vary based on your individual circumstances):
Fact finding discussion
Your solicitor will ask a range of questions to gather essential background information, such as:
- The length of your marriage
- Whether you have children and the current arrangements in place
- Your financial circumstances (including assets, income, debts, pensions, and property ownership)
- The reasons for seeking a divorce
- Any history of domestic abuse or safeguarding concerns
- Whether a prenuptial or postnuptial agreement exists
- Your reasons for seeking legal advice
- What you hope to achieve from the process
Initial Legal Advice
Based on the information you provide, your solicitor will offer general guidance on areas that may include:
- How to start divorce proceedings, if that’s your intention
- How financial matters may be resolved, where relevant
- How child arrangements (custody and contact) may be approached, if applicable
- Whether mediation is required or advisable
- An overview of your legal options
- The likely outcomes you can expect based on your situation
Please note: At this stage, advice will be general. More complex matters may require additional appointments to gather further information and develop a tailored strategy.
Legal costs and next steps
Your divorce lawyer will provide an overview of:
- Estimated legal fees and how costs are structured
- Payment terms
- The recommended next steps if you choose to proceed
- How we can assist you throughout your divorce process
During the first appointment with our divorce lawyers, you will also have the opportunity to ask questions. There is no pressure to make immediate decisions, as our divorce lawyers are here to help and guide you at your pace.
How to apply for a divorce in the UK
The first step is to check that if you can divorce in the UK. You can divorce in the UK if you have been married for more than one year, your relationship has now permanently broken down, and your marriage is legally recognised in this country. Likewise, if you are in a civil partnership, you must have been in your partnership for at least one year before applying for dissolution. Please note: under the “no-fault” divorce process introduced in England and Wales in April 2022, the old five grounds for divorce no longer apply. This means that there is no longer a need for one person to blame the other for the breakdown of the marriage. Instead, one or both parties just need to state in writing that the marriage has broken down irretrievably. (Different rules apply in Scotland and Northern Ireland. In Scotland, the marriage must have irretrievably broken down, and the couple must have been separated for one year (with consent) or two years (without consent). In Northern Ireland, divorce and dissolution must still be on the grounds of separation (two or five years), unreasonable behaviour, adultery, or desertion.)
The next step is to make a divorce application online or by post either on your own or jointly with your husband or wife. Along with your divorce application, you will need certain documents and pieces of information, including:
- Your full name and address and that of your husband or wife
- Your marriage certificate (original or certified copy) – if your marriage certificate is not in English, you will need to provide a certified translation, and
- Proof of your name change (i.e. since you got married) – e.g. marriage certificate or a deed poll.
The Divorce application will be processed by HM Courts and Tribunals Service (HMCTS) – if all criteria have been met, the court will issue your application.
For more information, please visit our article talking about divorce process
Do you need a lawyer to get a divorce in the UK?
You can divorce or dissolve a civil partnership in the UK without a divorce lawyer, as long as you and your ex-partner understand the UK divorce process and agree on finances and child arrangements. Handling it yourself can save money, give you control, and allow you to proceed at your own pace.
However, divorce can be extremely difficult emotionally. By allowing your divorce lawyer to handle the process on your behalf, you can remove much of the stress and worry from your shoulders, allowing you to focus on your needs and those of your children. Simply knowing that you have someone by your side who can guide you through the process, handle any difficulties that arise, and explain what is happening can be enormously comforting.
Your divorce lawyer will also ensure that all of your documents and evidence are verified and filed correctly, which can reduce delays and avoid errors. In addition, divorce lawyers are well-versed in preventing spouses from trying to frustrate or drag out the divorce process. In this situation, your lawyer will explain the options available and take control of the situation so that your spouse either responds or the court understands that everything has been done to serve the divorce petition, allowing the application to proceed without delay.
If you’re unable to agree on financial matters, child arrangements, or have a complex situation, it’s advisable to consult a divorce lawyer. They can help gather all the relevant information and recommend the most suitable divorce strategy for your circumstances. With the right legal support, you may be able to resolve your disputes without going to court.
It is important to know that you may not need full legal representation, but you can seek advice at key stages, such as financial negotiations or court hearings. Early legal advice can help you understand your rights and ensure you and your children are properly protected throughout the process.
What happens after filing a divorce application
After you file your divorce application, the following will occur:
- Divorce application reviewed – After you file your divorce application, the family court will check the details provided. If the requirements for divorce have been met (i.e. you have been married for over 12 months, and the marriage is recognised in the UK), they will issue various documents to you and your spouse.
- Divorce application ‘issued’ – If you applied jointly, the court will send you both a notice that your application has been issued, a copy of your application, an ‘acknowledge receipt’, and your divorce case number.
- Acknowledgement of service notification – If you applied on your own, the court will send your husband or wife the divorce application and an ‘acknowledgement of service’ notification. Your spouse will then have 14 days to respond to this notification confirming whether they agree or intend to dispute the divorce. It is important to note that under the no-fault divorce process, divorce cannot normally be contested. A divorce application can only be disputed for a small number of exceptional reasons (e.g. if you were not married).
- Apply for a Conditional Order (previously called a Decree Nisi) – 20 weeks after your divorce application was issued by the courts, you can apply for a Conditional Order confirming that the court sees no legal reason why you cannot divorce.
- Apply for a Final Order (previously called a Decree Absolute) – 43 days (6 weeks and 1 day) after the date on your Conditional Order, you can finalise your divorce by applying for a Final Order. Once approved and issued by the court, you will no longer be married.
During the divorce process, you will need to come to an agreement with your ex-partner on any child arrangements and financial matters. Child arrangements include where and with whom your children will live. You will also need to come to an agreement on how your marital assets will be divided after you divorce, who will keep the family home (or whether it will be sold), and whether you will have a clean financial break or one party will continue to pay spousal maintenance to the other (e.g. if one party gave up their career to take care of the household). It is important and legally advantageous to ensure that your divorce financial agreement is finalised before you receive your Final Order.
Where possible, divorcing couples are encouraged to reach an agreement on child and financial matters. If this is not possible, mediation or another form of non-court dispute resolution (NCDR) may prove highly effective. If NCDR is not effective or appropriate, your divorce lawyer can help you apply to the court for a divorce financial order or child arrangement order. The court process can take many months and requires considerable attention to detail to ensure that the parties involved secure the best possible outcome.
Remember, no matter the stage of your divorce, you can instruct a divorce lawyer at any time to advise and represent you on, among many areas:
- Making a financial clean break so that you are no longer financially dependent on one another
- Applying for a pension attachment order giving you access to your ex-spouse’s pension following divorce
- What to do if your ex-partner is hiding their wealth and assets during the divorce process, including engaging a forensic accountant
- Handling disputes, threats, and intimidation by your ex-spouse
- Spousal and child maintenance, including interim payments
- Complex arrangements involving businesses, trusts and pre or post-marital agreements, and
- Understanding and registering your home rights with the Land Registry
Alternatives to divorce
Divorce or dissolution isn’t right or possible for everyone. Many couples who wish to separate look at other alternatives as a way of reducing the emotional and financial impact of divorce. Doing so can also lessen the emotional impact on children. In other cases, divorce may not be an option for religious or cultural reasons. It may also be the case that the couple has not yet been married for one year and, therefore, can’t get divorced.
Possible alternatives to divorce include:
- Legal separation – in such an arrangement, the separating couple live separate lives apart from each other but remain married or in a civil partnership. It is important to bear in mind that any financial assets, such as property, are still jointly owned. Legal separation may be a way of working out if want to separate before making the decision to apply for divorce or dissolution.
- Annulment of marriage – Annulment is another way of ending a marriage, but it must be shown that the marriage was never legally valid (void) or it is voidable. It may be voidable, for example, if you did not properly consent to the marriage in the first place (i.e. forced marriage)
Another option is marriage counselling. Marriage counsellors are trained experts who can help couples better resolve problems, manage disputes, communicate, and understand each other.
More information about divorce in the UK
Is There Automatic Divorce After Long Separation in the UK
What is a Wife Entitled to in a UK Divorce Settlement?
Fair Divorce Settlement Examples in the UK
Uncontested Divorce vs Contested Divorce in the UK
How Length of Marriage Effects Divorce Settlement in the UK