Divorce Lawyers for Marriage Breakdown & Separation

The minimum legal timescale for a divorce under the no fault system is around 26 weeks, though in reality, most divorces take longer. The process includes a 20-week reflection period from the date the application is issued, followed by a 6-week wait after the Conditional Order before the Final Order can be granted. Where financial matters or child arrangements are involved, the overall timescale can vary significantly depending on whether matters are agreed amicably or require court involvement.

What happens to the home depends on your individual circumstances, including whether you own or rent the property, whether there are children involved, and what other assets are available. The courts prioritise the needs of any children and aim for a fair outcome for both parties. In many cases, the home may be sold and the proceeds divided, or one party may remain in the home while the other retains other assets. Our solicitors can help you explore realistic options and negotiate the best possible outcome.

No, in most cases, you won’t need to attend court for the divorce itself, especially under the new no fault divorce process. However, if you and your former partner are unable to agree on important matters such as finances or arrangements for children, then court proceedings may be necessary to resolve those disputes. At Lanyon Bowdler, we aim to resolve matters amicably wherever possible, using alternatives such as mediation, collaborative law or solicitor-led negotiation.

The Divorce, Dissolution and Separation Act 2020 introduced significant changes to divorce law in England and Wales. The main differences include:

• No required proof of breakdown: Couples no longer need to cite one of the five facts (such as adultery or unreasonable behaviour) to prove that the marriage has irretrievably broken down. This removes the need for evidence of fault.
• Introduction of joint applications: Both parties can apply for a divorce together, helping reduce conflict and making the process more cooperative.
• Contesting the divorce is no longer permitted: A respondent can no longer oppose the divorce simply because they disagree with it, making the process smoother and less confrontational.
• Modernised terminology: The old terms Decree Nisi and Decree Absolute have been replaced with Conditional Order and Final Order, respectively.
• Reflection period: A minimum 20-week period between starting the application and being able to apply for a Conditional Order allows time for reflection or potential reconciliation.
• Simplified and less adversarial process: The reforms are designed to reduce acrimony and help couples focus on resolving key issues like finances and child arrangements more constructively.

Firstly, you must submit a divorce application with a family court. Unlike the system in place before April 2022, neither the court nor your spouse can contest the application or refuse to process it. Only an acknowledgement from the receiving party must be issued, within 14 days, in the case of sole applications. If your spouse has already started proceedings, we can advise and represent you throughout the process as needed.

A 20-week reflection period will follow, at the end of which a confirmation of proceedings must be made. This time should ideally be used to sort out financial matters, arrangements for children and any other related issues; our expert team of Family Law Solicitors can help you reach a resolution to these issues and obtain the necessary Court orders.

The steps following the reflection period are:

• Applying for the divorce by requesting a Conditional Order
• Court review and Conditional Order
• Financial Consent Order (if agreed and applicable)
• Final Order

A financial order is legally binding, so it is important to agree to all terms and avoid breaches. For more information about the new no fault divorce procedures, please contact the team. Our solicitors for divorce proceedings will be happy to answer any questions you may have.

Since 2013, LGBTQ+ marriages are essentially treated equally to heterosexual marriages in the eyes of the law. No fault divorce brings more equality to divorce and dissolution for lesbian, gay, transgender, and same sex couples; notably, it effectively removes the reliance upon the outdated definition of adultery which was once one of the criteria to prove the irretrievable breakdown of the marriage.

Since 6 April 2022, non-heterosexual couples are able to apply individually or jointly for a no fault divorce.

Yes, if your spouse does not respond to the divorce application, the court has processes in place to allow the application to proceed without their cooperation. In such cases, additional steps may be needed, such as arranging for the application to be personally served or applying for deemed service. Our family law solicitors can guide you through this process and ensure the case keeps moving forward.

If you cannot agree on financial matters, the court can be asked to decide for you. This is usually a last resort, as it can be costly and time-consuming. Before that stage, we will always try to resolve matters through negotiation, mediation, or collaborative law. If court proceedings are required, we will represent you throughout and ensure you receive clear advice tailored to your financial circumstances, including guidance on issues such as pensions, property, spousal maintenance and business interests.

Yes, but it’s important to understand that a divorce does not automatically end financial ties. If you do not obtain a legally binding Financial Order, either party could potentially make a financial claim against the other in future, even years after the divorce. We always recommend that financial matters are finalised alongside the divorce itself, whether by consent or through the courts. Our team can draft or review Financial Orders to protect your interests and provide long-term certainty.

A divorce legally ends a marriage, whereas a separation means that you and your spouse are living apart but remain legally married. Some couples choose to formalise their separation with a Separation Agreement, particularly if they are not yet ready to divorce or cannot do so for religious or financial reasons. We can help draft such agreements to clarify responsibilities and protect your interests during the separation period.

A Financial Consent Order is a legal document that formalises any agreement you reach with your spouse regarding your finances. It ensures that the settlement is binding and enforceable by the court. Without a Consent Order, even if you’ve agreed things amicably, financial claims could still be made in the future. This document is essential to provide finality and peace of mind, and we can prepare and submit it for court approval on your behalf.

Spousal maintenance is not automatic and depends on the financial circumstances of each party. It may be awarded if one spouse has significantly lower income or needs time to become financially independent. The court will look at various factors, including income, earning capacity, age, health and the length of the marriage. We will advise you on whether spousal maintenance is likely in your case and, if so, for how long and at what level.

Child maintenance is usually calculated according to the Child Maintenance Service (CMS) formula, based on the paying parent’s income and how much time the children spend with each parent. In some situations the court can make additional orders, for example where the paying parent’s income exceeds CMS thresholds, or where there are complex arrangements. We’ll explain your options clearly and help ensure that appropriate financial provision is made for your children.