Divorce Solicitors in Welwyn Garden City, Hertfordshire
At Crane & Staples, we understand that the breakdown of a marriage can be a difficult and emotional time. Our divorce solicitors are here to help ease your concerns and guide you through the process of divorce and any subsequent matters.
With recent statistics showing that, sadly, 42% of marriages end in divorce, it is important that divorcing couples access quality legal advice from specialist divorce solicitors.
Please contact us on 01707 329333 or email family@crane-staples.co.uk to arrange an initial appointment.
Disclaimer: The following information pertains to divorce law in England and Wales. For legal advice in other jurisdictions of the UK, please contact a local divorce solicitor.
What is the definition of Divorce in England and Wales?
A divorce is the legal process to end a marriage. This information applies specifically to England and Wales. Scotland and Northern Ireland have their own distinct legal systems. The law applies to both heterosexual and homosexual couples. The process for ending a Civil Partnership is very similar.
What is the new law on Divorce in England and Wales?
Since April 2022, the divorce process in England & Wales has moved to ‘no fault’. This means that no reasons have to be given for the breakdown of the marriage. The only ground for divorce is the ‘irretrievable breakdown of marriage’. Consequently, couples can get divorced without one person needing to blame the other. You can find out more about no-fault divorce here.
To issue divorce proceedings in England & Wales, you must have been married for at least 12 months.
- A divorce application is filed online. This confirms that the marriage has broken down. Divorce applications can be made individually or jointly. In an individual application, the person who files is the Applicant, and the other person is the Respondent. In a joint application, both parties are Applicants.
- The court serves the Respondent with the divorce papers, who then creates an online account and completes an Acknowledgement of Service.
- 20 weeks from the date of issue, the Applicant can apply for a Conditional Order (formerly called a decree nisi). This confirms that the court sees no reason why the divorce cannot proceed.
- 6 weeks after this, a Final Order (formerly called a Decree Absolute) can be applied for, formally ending the marriage.
Important Note: A divorce does not automatically end financial claims between the married couple. It's best practice to wait until financial matters are resolved before applying for the Final Order, or your divorce solicitor advises otherwise.
What am I entitled to if I divorce my spouse?
Divorce itself does not directly deal with financial claims, but it allows those claims to be made. Financial matters can be agreed upon between the parties or decided by the court. It is vital to have a court order confirming the financial settlement.
Financial claims depend on various factors, including the assets available. Generally, all assets of both parties, whether in single or joint names, are considered the "matrimonial pot" for division. This can include property, pensions, savings, investments, and business interests. Arguments can be made that some assets are non-matrimonial, but specialist legal advice is needed. Please contact us to arrange an appointment if you wish to discuss this.
How long does it take to get a divorce?
The new divorce procedure has a minimum timeframe of 26 weeks. However, this is just the legal minimum; in reality, it often takes longer, mainly because the Final Order is usually not made until financial matters are concluded. Complex cases can take significantly longer. Your divorce solicitor will work with you to ensure the process runs as smoothly and efficiently as possible.
What type of solicitor do you need for a divorce?
You should instruct a specialist family law solicitor, often called a divorce solicitor or divorce lawyer. They have experience negotiating the complex issues that arise during divorce, including financial and children matters. At Crane & Staples, our divorce solicitors are members of Resolution, a national family law organisation.
What does a divorce solicitor do?
A divorce solicitor assists you throughout the entire divorce process, from issuing the application to advising you on each step. At Crane & Staples, we can also help you navigate the financial settlement process and deal with any children matters, such as custody arrangements, child support, or visitation schedules.
Is it best to use a solicitor for a divorce?
While it's possible to do a divorce yourself, there are significant benefits to using an experienced divorce solicitor. They handle the paperwork, reducing your stress. If the separation is not amicable, they can manage communication with your spouse. Critically, they provide expert advice on financial and children matters, which have long-term consequences. Even seemingly straightforward cases can have hidden complexities.
How much does a divorce cost in England and Wales?
The court issue fee for a divorce is currently £593. This only covers the court fee. "Divorce costs" typically refer to the divorce solicitor's fees, which can vary widely. The divorce process itself might start from £500 plus VAT, while financial applications can cost from a few thousand to tens of thousands of pounds, depending on the complexity.
We offer a fixed fee for an initial meeting to discuss your specific needs and provide a cost estimate. Please contact us to arrange an initial fixed-fee meeting and discuss possible future costs.
You may be eligible for assistance with the court fee. If so, you can find out more information and complete the EX160 form here.
Who pays for a divorce?
Usually, each party pays their own legal costs. The court can make costs orders in certain situations, which your divorce solicitor will advise you on.
Are divorce proceedings public?
No, divorce proceedings themselves are private. However, the final order of a divorce is a public record and can be obtained like a marriage or birth certificate.
Can divorce be rejected?
Under the no-fault divorce legislation, contesting a divorce is only possible in very exceptional circumstances, such as issues with jurisdiction or the validity of the marriage. If you are considering disputing your divorce, it is crucial to seek legal advice immediately.
Can I get an Annulment instead of a Divorce?
An annulment is a legal declaration that a marriage is void (as if it never existed). While possible, annulments are complex and usually more costly than divorce. Grounds for annulment are specific and limited. If you believe you might qualify for an annulment, you should seek specialist legal advice from a divorce solicitor.
What is the difference between Separation and Divorce?
A divorce legally ends a marriage. Separation is simply the factual state of a couple living apart. Judicial Separation is a legal alternative to divorce that does not end the marriage but allows for a court to make financial orders. This might be used for religious or cultural reasons. However, there can be disadvantages, and you should seek specialist advice.
Your Local Divorce Solicitors
At Crane & Staples, we are committed to helping our clients achieve the best possible outcome. Our specialist team of divorce solicitors can advise you in all aspects of family law. Contact us to arrange an initial appointment by emailing family@crane-staples.co.uk or calling 01707 329333. We look forward to hearing from you.