At Crisp & Co, our divorce solicitors understand that when a marriage breaks down, dealing with the divorce and separation is difficult and is often very distressing.
As well as dealing with the emotional fallout from the breakdown of your relationship, there may also be issues surrounding children and the division of your financial assets. That is where our expert divorce solicitors in London are on hand to lend their support and expertise.
Our aim is to provide first class and tailored divorce advice that makes the process as straightforward and stress-free as possible, allowing you to move ahead with the next chapter of your life with confidence.
Our divorce solicitors in London have a broad range of expertise with divorce and all of the subsequent arrangements that need to be made, including the division of finances and suitable arrangements for children.
We are also able to provide support for divorce applications following the introduction of no-fault divorce, which came into effect on 6 April 2022 as a part of the Divorce, Dissolution and Separation Act 2020.
No-fault divorce essentially allows couples to apply for a divorce, civil partnership dissolution or legal separation without having to blame each other or rely on one of the five previously established ‘facts’ to prove the irretrievable breakdown of the relationship. More information regarding no-fault divorce can be found here.
No matter the circumstances, our divorce solicitors always strive to provide our clients with a secure outcome that is right for both them and their families. As such, the divorce advice and guidance we offer is carefully tailored to suit each individual’s personal circumstances and what it is they are looking to achieve.
As well as providing traditional representation in Court for divorce and separation, our divorce solicitors in London are also trained in collaborative law and mediation. We use these alternative methods of dealing with the breakdown of family relationships and divorce to provide a less confrontational approach which promotes a more harmonious outcome.
Our divorce solicitors understand that legal fees can come as an unwelcome consequence of receiving divorce advice and support. We can assure you that we provide the best possible expertise and a competitive and reasonable price, and we endeavour to provide accurate cost estimates and time frames from the outset.
Our expert divorce solicitors in London can support you with all aspects of divorce and separation, including:
- Starting divorce proceedings as a sole applicant
- Starting a joint divorce application
- Making arrangements for finances
- Making arrangements for children
- Engaging in alternative dispute resolution
- High net worth divorce
- Military and army divorces
- Civil partnership dissolution
- Legal separation
Speak to our divorce solicitors in London
For specialist advice and support for divorce, please get in touch with our divorce solicitors in London and across the South East now by calling 020 8017 8962 or contact your local Crisp & Co office.
How we can help
When a marriage breaks down, there are bound to be questions you need to ask. Here are some of the concerns and questions we are often asked:
I think I want to get divorced, but what does this actually mean?
A divorce legally ends your marriage and leaves you free to re-marry.
Won't getting lawyers involved make things hostile?
In order to obtain a divorce, you will have to apply to a Court but it is most unlikely that you will have to go to the Court.
Crisp & Co's divorce solicitors in London work within the Resolution Family Law Group protocol which endeavours to minimise the emotional distress of divorce on all members of the family. For more information see the Resolution code/protocol page.
Crisp & Co lawyers also support Mediation as a way of resolving family and matrimonial breakdown. Mediation is the process by which couples seek to resolve the issues relating to divorce, dissolution, finance and children, without the need for Court involvement. More information can be found on our mediation page.
We also have solicitors specialising in the Collaborative Law process, which promotes an open and non-confrontational approach to relationship breakdown. More information can be found on our collaborative law page.
I am worried about a Court making decisions about our children
The Courts prefer that parents sort out arrangements for the children between themselves. Unless there is any specific query about a child’s protection and safety or if a special Application is made by one of the parents, the Court will not become directly involved. Applications to a Court are only necessary when agreement cannot be reached by the parents.
More information can be found on our children page.
I am in a same sex relationship; does this make a difference to how my separation is dealt with?
No. Same sex relationships which break down are dealt with in exactly same way as married heterosexual couples who are separating, provided that the couple have entered into either a formal Civil Partnership or Marriage. Otherwise, your case will be dealt with in the same way as a separating but unmarried straight couple.
More information can be found on our same-sex relationships page.
There is violence in my relationship
We have many years experience in protecting our clients and their children who are suffering from domestic violence. We act immediately to protect client’s who find themselves in this very difficult situation. We have links to other support networks, including the police and refuges that can provide you with safe emergency accommodation.
More information can be found on our domestic violence page.
How will our family assets be split?
The way in which a family’s assets are divided on divorce is complex and referable to both the governing legislation and the interpretation of that legislation handed down by the higher Courts. A whole range of factors are taken into account, which include the length of the marriage the financial assets and liabilities of the parties and their children’s needs.
For more information you will need an appointment to discuss your particular circumstances with a lawyer. However, general information can be found on our divorce and finances page.
How long will it take to get divorced?
Following the introduction of no-fault divorce, proceedings now take a minimum of 26 weeks. This is because there is a minimum 20-week wait for the Conditional Order (previously known as Decree Nisi) to be issued and then a further 6-week wait after this for the Final Order (previously known as Decree Absolute) to be issued.
I know my marriage is in trouble, but I don't want to get divorced, can we just separate?
We understand there are many reasons why you may not want to take the steps that will formally end your marriage; these may be religious or you may believe that it may be possible to work through the problems.
Once you have decided that you simply want a separation rather than a divorce, the issues relating to your family finances and to the children can be addressed, often in the same way as if you were divorcing.
Our divorce solicitors in london can advise you with regard to both formal and informal separations. If you need more information please contact us.
How much is it all going to cost?
Unfortunately there is no straightforward answer to this question. The legal costs depend on the length of time it takes to reach agreement both in respect of the divorce and the division of the family finances. However, at Crisp & Co we pride ourselves on offering the most competitive rates for the best expertise.
We do understand that it is important that you know from the outset what your legal fees are likely to amount to. For this reason we provide each and every client with a bespoke costs plan and time estimate from the very first appointment (for which there is no charge) with regular updates as needed.
What is ‘no fault divorce?’
Under the terms of the Divorce, Dissolution and Separation Act 2020, which came into force in England and Wales on 6 April 2022, the divorce and civil partnership process has been more straightforward for separating couples.
Couples can now file for a ‘no fault’ divorce, where neither party is required to place blame on the other to prove the breakdown of the marriage. No fault divorce and the changes included in the Divorce, Dissolution and Separation Act 2020 only affect the proceedings related to legally ending the marriage or civil partnership. They do not affect the separation of finances or arrangements for children.
What are the grounds for divorce?
In order to get a divorce in England or Wales, you must have been married for at least one year under a legally recognised marriage, and you must also, in most cases, have a permanent home in England or Wales.
In order to apply for divorce, you will have to prove that your marriage has ‘irretrievably broken down’. Under the previous rules, to prove the irretrievable breakdown of the marriage, a couple would have to rely on an established ‘reason’, such as adultery, unreasonable behaviour, desertion or separation.
Now, with no fault divorce, providing a reason for the breakdown of the relationship is no longer required. A statement of irretrievable breakdown is all that is required when filing for a divorce application.
What is a ‘divorce application?’
A divorce application, formerly known as a divorce petition, is how a divorce is commenced. The divorce application can be issued by one spouse (a sole applicant) and served on the other spouse, or under the rules, a joint application can be filed if the couple decides to apply together (joint applicants).
You will need to complete the divorce application with your full name and address and that of your spouse and also provide the original or a certified copy of your marriage certificate. You can also include the names and dates of birth of any children you have regardless of their ages, although this is not compulsory.
In the case of sole applications, the court will send a copy of the divorce application to the other spouse (the ‘respondent’). The respondent is then required to confirm receipt of the application by completing and sending back to the court an ‘acknowledgement of service’ form, which must be done within 14 days of receiving the application.
Can my spouse refuse to acknowledge a divorce application?
Under no fault divorce, it is no longer possible for a respondent to refuse to acknowledge or contest a divorce application, except in very limited circumstances. This might include where the English or Welsh courts do not have the jurisdiction to deal with a divorce, a marriage was not valid, or you are already divorced.
What is a Conditional Order?
A Conditional Order (formerly known as a Decree Nisi) is confirmation from the court that it does not see any reason why you cannot proceed with a divorce.
The court will issue a Conditional Order a minimum of 20 weeks after the divorce application is made.
What is a Final Order?
The Final Order is the legal confirmation that your marriage has officially ended. There is a 6-week waiting period after the Conditional Order is issued.
If a sole applicant fails to apply for the Final Order within 3 months, it is possible for the respondent to apply for it instead.
Will I have to go to court?
It is actually very rare for divorce cases to proceed to court. In many situations and wherever possible, a non-confrontational process will be used. If you are engaging a solicitor who is a member of Resolution (see question ‘What is Resolution?’) then they will have signed up to this sort of approach and will encourage the use of alternative methods of reaching agreements, such as mediation and collaborative law.
How long does a divorce take?
With no fault divorce in place, proceedings now take a minimum of 26 weeks. This is due to there being two separate minimum waiting periods. There is a 20 week waiting period for the Conditional Order to be issued and a further 6 week waiting period for the Final Order.
The time it takes to finalise a divorce beyond this minimum period will depend on a number of factors, including the division of finances and arrangements for children.
How much does a divorce cost?
The court fee for issuing a divorce application is currently £593 in England and Wales. Assistance with fees may be available if you are on a low income or benefits. You can find current information on assistance with paying court and tribunal fees here.
Can I get Legal Aid?
Legal Aid is no longer available for most divorce cases, although there are limited circumstances in which it may be granted. These may include cases involving domestic violence or forced marriage; situations where there is a risk of homelessness; where you are facing discrimination or have been accused of a crime or face prison or detention. You can find up to date information on Legal Aid here on the Government website.
Who foots the bill for the divorce?
During divorce proceedings, the applicant will typically be responsible for paying the divorce application fee.
With a joint application, one couple will be responsible for paying the fee, but an arrangement can usually be made between both parties to split the bill.
Do I need a solicitor?
Individual circumstances are likely to dictate whether it will be beneficial to engage the professional services of a divorce solicitor.
However, even with the introduction of no-fault divorce, if there is any hint of complexity associated with your divorce, including if the division of finances is complex or if there are children involved, then you should definitely give serious consideration to using a solicitor.
If you and your spouse own significant assets or are in business together; if there are overseas connections; if one of you has been declared bankrupt, or if you expect to be financially dependent on your spouse once the divorce has been finalised, then again it would be to your advantage to engage a solicitor to guide you through the complexities and negotiations and to secure your position for the future.
Can I use the same solicitor as my spouse?
Solicitors are not permitted to act for both parties to a divorce. This is known as a ‘conflict of interest’, so it will be necessary to instruct another firm to represent you.
Can I change mine and my children's names after divorce?
You can revert back to your maiden name any time you wish either by Deed Poll or in some cases by using your decree absolute and marriage certificate, although some organisations will not always accept the latter and you may find that you will require a Deed Poll for financial institutions such as banks and building societies.
Concerning your children’s names, you will need the permission of all parties who have parental responsibility if you wish to change them. If this is not forthcoming, then you can apply for a court order, but the court will want to see that you have tried to reach agreement using other methods before it will consider the case.
There is detailed information on changing a name on the government website.
Do I definitely need a divorce?
Some splitting couples are of the opinion that it is not necessary to go through the process of divorcing, believing that they can live separate lives without finalising everything officially. This however is not advisable as where a separation is not finalised through divorce, there is no way to obtain a financial agreement and the spouses will continue to be linked under family law. This means that either party could make a claim on the other’s assets in the future, and the respective pensions, endowments and life insurances would not be divided.
What if my spouse lacks mental capacity?
You are still able to apply for a divorce if your spouse lacks mental capacity and is unable to agree to the divorce or take part in the case. Your spouse will need to have someone representing them so that decisions can be made. This person is known as a ‘litigation friend’ and can be a close friend, a family member or someone else they feel they can trust. If there is no one suitable for this role then an application can be made to the court to appoint a litigation friend.
What is collaborative law?
Collaborative law is a process by which people can work towards a resolution to the issues they are facing during their relationship breakdown. Each party appoints their own solicitor, but instead of negotiating by telephone or letter, discussions take place courtesy a series of four-way meetings. By working together it is easier to reach an outcome that considers the best interests of the entire family. Direct communication helps to keep everything on a more even keel, particularly where children are involved and with the help of your collaborative lawyer, you will find it easier to make mutually beneficial decisions between you and your spouse.
What is mediation?
Mediation is a method by which separating couples can agree and resolve the typical issues that arise during the divorce process. During mediation you will work with an impartial guide who will act much like an umpire, guiding you and your spouse through face to face discussions about matters such as children and finances. The mediator is a trained individual who will not represent either party but will instead be impartial.
Once an agreement has been reached, the mediator will draft a ‘Memorandum of Understanding’ to formally set out the proposals. Your solicitor will then use this to draw up your official agreement and further advise you.
Mediation is not suitable for all situations, but it is the right approach for many people and if there is a need for court proceedings to be issued then you will usually be expected to at least have attended a meeting concerning mediation (a Mediation Information and Assessment Meeting - MIAM). If your solicitor believes that a MIAM is not appropriate or necessary, perhaps because proceedings need to commence urgently or because domestic violence is involved, then they will let you know.
What is Resolution?
Resolution is an organisation that you will more than likely hear mentioned during the course of your divorce. There are 6,500 members, all of them family lawyers and other professionals, and every one of them is dedicated to the constructive resolution of family disputes. Members follow a code of conduct backed by a non-confrontational approach, encouraging solutions that take into account the needs and best interests of the entire family, in particular the children.
You can find out more about Resolution here.
Where can I find more information on divorce?
The following resources should provide additional information about the various aspects of divorce: