Our experienced divorce solicitors understand the emotional and legal complexities involved when a marriage has irreparably broken down and can provide the guidance you need to navigate this challenging process with clarity and confidence.
Our solicitors are located in Chester, Shrewsbury, Altrincham and the Wirral. They support families with all issues relating to divorce and any financial and child-related matters that may result from the ending of the relationship. Whether you require assistance with divorce financial settlement negotiations or child custody arrangements, our dedicated team is here to support you every step of the way.
Do I need a solicitor to get a divorce?
To ensure the divorce process is conducted efficiently, it's imperative to seek guidance from a solicitor for divorce before initiating proceedings. What many people overlook is that divorce is just one facet of terminating a marriage.
If you're navigating divorce, our solicitors are here to offer supportive and practical advice not only on the divorce itself but also on matters such as division of matrimonial finances and arrangements for children. Trust us to provide comprehensive assistance as you navigate this challenging period in your life.
When can I get a divorce?
In England and Wales, you have to be married for at least 12 months before you can commence divorce proceedings.
Can I refuse a divorce?
Under the no fault divorce procedure, you can no longer contest a divorce, which means that one spouse can bring the marriage to an end without the consent of the other. However, there is one exception and that is in instances where there is an objection as to whether the Court has the jurisdiction to grant the divorce.
How long does the divorce process take?
Currently it takes approximately 6 months to complete the divorce process. However, the act of divorce itself does not end the financial relationship between you and your partner and your financial obligations and potential claims against each other remain, even after the final order has been made.
Determining the division of the matrimonial finances and severing your financial ties with each other can be concluded during the same period as the divorce process if an agreement is reached during that time. If you do not agree, the financial issues will take longer to resolve than the divorce process and, if you have to issue an application for Financial Remedy, then that process can take anything from 12 months to 2 years.
How does the divorce process work?
It’s essential you see the guidance of a specialist divorce solicitor. Since the introduction of the no-fault divorce provision, the process can be broken down into four key stages.
Stage 1
Complete a divorce application as either a sole applicant or as a couple – as joint applicants (Form DB).
Stage 2
Submit the application to a divorce centre either online or by post with the correct court fee – which is currently £593.
Stage 3
Apply for a conditional order, previously known as Decree Nisi (once the application is acknowledged by your spouse and after a 20-week cooling-off period).
Stage 4
Apply for a final order – previously known as Decree Absolute (6 weeks after you have the conditional order).
You can learn more about how to start divorce proceedings in our guide.
Will my spouse get half of the assets in the divorce?
Not always. You can learn more about how assets are split in a divorce in our guide. However in short, division can be affected by a number of contributing factors including:
- The income, earning capacity, property and other financial resources which each of the parties has or is likely to have in the foreseeable future.
- The financial needs, obligations and responsibilities which each of the parties has or is likely to have in the foreseeable future.
- The standard of living enjoyed by the family before the breakdown of the marriage.
- The ages of the parties.
- The length of the marriage.
- Whether either of the parties has any physical or mental disability.
- The contributions which each party has made or is likely to make in the foreseeable future to the welfare of the family. This not only relates to financial contributions but also includes looking after the home and caring for the family.
- The financial conduct of either party either during the marriage or after separation.
It is always important to take specialist legal advice before dividing any of the matrimonial assets or reaching a financial agreement.
If your finances include a farm or rural business, see our Farming Divorce guide for rural families.
You can also learn more about what a financial order in a divorce involves and why it is necessary to secure a clean break.
I wanted to thank you for your help in my recent case. You have shown the utmost professionalism in every way. Your skill in being “one step ahead” of the other side and client care is excellent. I have and will continue to recommend your superb service to friends and clients.Client
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Can I get divorced if I live abroad?
If you live abroad and are seeking a divorce, you have to meet one of the following criteria when lodging your petition in England and Wales:
- Both you and your spouse are habitually resident in England and Wales;
- Both you and your spouse were last habitually resident in England and Wales, and one of you continues to live there;
- The person receiving the petition is habitually resident in England and Wales;
- The person issuing the petition is habitually resident in England and Wales and has resided there for at least the last 12 months;
- The person issuing the petition is domiciled and habitually resident in England and Wales, and has resided there for at least 6 months;
- Both you and your spouse, or either of you, are domiciled in England and Wales.
Your domicile is acquired at birth and is essentially where you consider your permanent home to be even if you are not currently living there.
Need to speak to a divorce lawyer?
If you are looking explore non-court routes for divorce, you may find our guide to collaborative divorce helpful.
For more information about our range of legal services with regards to a divorce, you can get in touch with our legal team today by completing our enquiry form below. Whether you need divorce solicitors in Chester, in Shrewsbury, or elsewhere in the region, we can provide a highly professional and expert service.
Meet the Family Law Team
Simon Magner Mawdsley
Partner | Head of Family Law
Described by clients as "an excellent listener, open and engaging", "exceptional", "reassuring" and "insightful", Simon acts for a range of clients in all aspects of relationship breakdowns including divorce, resolution of financial matters, civil partnerships, cohabitation disputes, pre- and post-marital agreements, injunctions, and children matters.
FAQs:
Do you get half when you get divorced?
Although the starting position is equal division of assets, many factors can play a part in you getting more or less than 50%.
Some things to consider are the needs of you or your ex-spouse, the needs of the children and whether or not there are any pre- or post- marital assets that have to be taken in consideration.
What happens if your partner won’t sign the divorce papers?
You can still proceed with your divorce application if your ex-spouse won’t sign the divorce papers – but you would have to provide the court with proof that they have been served with the divorce petition.
There are two ways to do this: have them personally served by a bailer or process server, or having some documentary evidence that they’ve signed for the divorce petition.
Does someone have to be at fault for a divorce?
No-fault divorce proceedings have been in place since April of 2022. This means that you can now issue a divorce application without blaming the other side.
Can you stay friends after getting a divorce?
Although it’s hopeful that everybody will be friends after they get divorced, it entirely depends on the circumstances surrounding the separation, and whether or not there’s been any acrimony or difficulties in diving assets.
Who gets the children in a divorce?
Ultimately, the children should have a relationship with both their parents after a divorce.
But it’s essential to address the children’s needs and what’s in their best interest. If there’s been any safeguarding issues, that may mean that they spend more time with one parent than the other.
