Family Law

Divorce & Dissolution of a Civil Partnership

Divorce Application

To be divorced in England or Wales, you need to have been married for at least one year before the divorce proceedings can be started. The marriage does not have to have taken place in England or Wales. The only ground for divorce that you can list on the divorce application is that the marriage has irretrievably broken down.

A correct application requires a significant amount of paperwork and administration to assure its success, and the entire process can take 18 – 20 weeks to complete.

The Formal Divorce Process is:

    • Stage 1 – Issue petition
    • Stage 2 – Court sends petition to Respondent
    • Stage 3 – Respondent files response or deemed or disposed service is acquired.
    • Stage 4 – Application for Conditional Order
    • Stage 5 – Application for Final Order
    • Stage 6 – Divorce Certificate

AGREEMENTS

Pre-nuptial and Post-nuptial Agreement

A written agreement a couple can make before or after getting married or entering a civil partnership. It usually covers how finances will be divided if they separate in the future. Agreements can deal with other arrangements as well as financial assets. 

Co-habitation Agreement

A a legal document between unmarried couples who are living together. It sets out arrangements for finances, property, and children while you’re living together and if you split up, become seriously ill, or die. You can make an agreement at any time. 

Cohabitation agreements can also be made between people who are not romantically involved – for example, friends or siblings. 

Separation Agreement

A written agreement that usually sets out your financial arrangements while you are separated. This agreement is useful if you have not decided whether to divorce or dissolve your civil partnership, or if you can’t do so yet.

Financial Settlements in Divorce

Financial Consent Order

(No Assets, No Financial Disclosure)

A clean break order for divorcing couples who have no assets, and therefore no financial disclosure is required. The order, when complete, severs all financial ties post-divorce.

Financial Consent Order

(Assets, No Financial Disclosure)

A consent order for divorcing couples who have assets and have reached an agreement and do not want to complete financial disclosure. The order, when complete, severs all financial ties post-divorce.

Financial Consent Order

(Assets, Full Financial Disclosure)

A consent order for divorcing couples who have assets and want to complete financial disclosure before reaching an agreement. The order, when complete, severs all financial ties post-divorce.

Financial Court Proceedings

A court application made to obtain a financial order setting out the division of marital assets post-divorce. The order, when complete, severs all financial ties post-divorce.

Financial Settlement for Un-married

TOLATA Consent Order

A court order made by consent agreeing to the sale of a property and how the proceeds are to be divided where the parties are not married.

TOLATA Application

A court application for an order to enforce the sale of a property and how the proceeds are divided where the parties are not married. We can both make this application and/or defend an application made against you.

Schedule 1 Children Act Consent Order

A court order reached by consent agreeing either child maintenance and/or a lump sum and/or a transfer of property ownership where (i) the parties are not married but have children and (ii) the primary carer of the child(ren) needs additional financial support to house the child(ren).

Schedule 1 Children Act Application

A court application for a court order for either child maintenance and/or a lump sum and/or a transfer of property ownership where the parties are not married but have children and the primary carer of the child(ren) needs additional financial support to house the child(ren). We can both make this application and/or defend an application made against you.

Children

Child Arrangements Order by Consent

A court order obtained through agreement that specifies the living and contact arrangements for your child(ren) post separation.

Child Arrangement Order Court Proceedings

A court application for an order which sets out the living and contact arrangements for your child(ren) post separation.

Domestic Abuse

Non-Molestation Order

A court application for an order which prohibits a related person, such as an ex-partner/spouse, from harassing, threatening, or contacting you. We can both make this application and/or defend an application made against you.

Occupation Order

A court application for an order which prohibits a related person, such as an ex-partner/spouse, from residing in a property they would otherwise be legally allowed to live in, generally due to harassing or threatening behaviour. We can both make this application and/or defend an application made against you.