Divorce

When you get married, you don’t expect to divorce your spouse later down the line, but, unfortunately, circumstances change. Divorce is more common than ever, with divorce rates on the rise.

Divorce can be an emotional time and has the potential to lead to substantial difficulties concerning finances and any children you have. Seeking guidance from a divorce solicitor is recommended to obtain the divorce legal advice and support you need.

At Kingsfords, our expert divorce solicitors can support you during this sensitive time, ensuring you receive specialist divorce advice at each step of the process. The family law team have years of collective expertise, with solicitor Jennifer Morrow an accredited member of , Resolution, a community of family justice professionals who work with families and individuals to resolve issues in a constructive way.

With our solicitors support at Kingsfords, you can be assured you’ll receive close personal support and advice tailored exactly to your circumstances. It’s important to us that you feel entirely comfortable throughout the process, and we will do everything in our power to ensure this.

Our Kingsford divorce solicitors can deliver advice and expertise on matters including:

• Applying for divorce proceedings
• Assistance with responding to divorce proceedings
• Division of finances
• Making arrangements for children

They can also refer you to colleagues who can advise you on any related matters, for example drafting a new will, establishing a trust or any conveyancing matters.

Speak to our divorce solicitors in Kent today

Speak to one of our divorce law solicitors at our offices in Ashford, Cranbrook or Hythe today by calling 01233 624545 or fill in our enquiry form on the right hand side of the page to request a call back.

Our divorce expertise

Applying for divorce proceedings

Since the change of law in April 2022, applying for divorce has never been easier, but it doesn’t mean mistakes can’t happen. During the application process, it is recommended to have the aid of a divorce solicitor who can deliver reassurance that everything has been done correctly from the get-go.  

Our divorce lawyers i can assist you with making the application. We will take the time to provide you with our proficient divorce advice and guidance on the process, in addition to making sure you are fully aware of the steps involved from start to finish. Doing this helps to guarantee any unexpected problems are sidestepped where possible.

Assistance with responding to divorce proceedings

Responding to a divorce application is only necessary if the application was made by one spouse (known as the sole applicant). During a sole application, there are additional steps to the process, including the court sending a copy of the divorce application to the respondent, who then has 14 days from receipt to respond with an ‘acknowledgement of service’ form.

The online or paper D10 form is fairly straightforward, but any slight mistakes can put a bump in the road to obtaining a divorce. To avoid delays, it’s recommended to obtain assistance from a divorce solicitor who can advise or entirely handle responding to divorce proceedings on your behalf.

Our solicitors have considerable skill and knowledge in divorce and can ensure that when responding with the acknowledgement of service form, everything has been done correctly and as required.

Division of finances

When you get married, it’s common for spouses to purchase assets together, such as property, but these matrimonial assets will need to be divided during a divorce, and in some instances, non-matrimonial assets may be considered.

Unfortunately, finances are often the number one reason disputes happen. To prevent this from occurring, it’s crucial to appoint a solicitor who can deliver quality advice and assistance.

No one wants conflict during their divorce. Most want the process to be swiftly finalised and to move on with the next chapter of their lives. Our solicitors appreciate this and always navigate our clients towards making an agreeable financial settlement outside of court, and our team of divorce solicitors can assist you with negotiations.

Making arrangements for children

Divorce can feel like your family is being torn to pieces and can be quite traumatic for all involved, especially for your children. If they are under the age of 18, arrangements will need to be made for where they will predominantly reside and the time they spend with the other parent.

Understandably both parents may wish for different outcomes, and this can often trigger disagreements, but it’s important to find a solution that works for you both and that respects your children’s views.

Our solicitors always urge divorcees to take their children into account when making living arrangements, as their best interests are a priority.

It’s important that relationships between parents and children aren’t severed. For this reason, we encourage our clients to avoid conflict and guide them toward considering methods of alternative dispute resolution. Agreements can easily be made through private negotiations or family mediation.

Civil partnership dissolution

Our solicitors also have expertise dealing with many kinds of civil partnership dissolution cases. We understand that this can often be an emotionally overwhelming time, so we take extra steps to keep your stress to a minimum. This involves us dealing with all the legal aspects of the case on your behalf, so you can focus on moving on with your life as quickly as possible. We will also provide you with expert, practical advice throughout the process to help you secure an optimal result.

Frequently asked questions about divorce and civil partnership dissolution

What are the grounds for divorce?

There is only one ground for divorce, and that is the irretrievable breakdown of the relationship. During the application for divorce, the applicant or joint applicants only needs to declare that the marriage has irretrievably broken down. Previously there were five reasons to help prove this, but this is no longer necessary.

How long does divorce take?

How long a divorce will take entirely depends on the circumstances. At the bare minimum, a straightforward divorce will take 26 weeks (6 months), and this is from the application submission through to the Final Order being granted, but this doesn’t take into consideration challenging financial settlements or child arrangements which have the potential to add on additionally time.

What is the process of divorce?

Submitting the divorce application – this will either be done as a joint application or sole application. The ‘statement of irretrievable breakdown’ must be submitted as supporting evidence with the application.

Service of divorce application – where the divorce was applied for by one spouse, there are additional steps to the process. The court will send a copy of the divorce application to the other spouse, who will be referred to as the respondent.

Acknowledging and responding to the divorce – in sole applications, once the respondent has received a copy of the application, they have 14 days to respond. This must be done by completing and returning an ‘acknowledgement of service’ form.

Conditional Order – Once the application has been submitted to the court, there will be a 20 week wait, which is referred to as the ‘cooling off’ period. After this time has passed, you will be eligible to apply for the Conditional Order to be issued, which is where the court confirms they see no reason not to grant the divorce.

Final Order – Once the Conditional Order has been issued, the parties will need to wait a further 6 weeks and one day before the Final Order can be applied for. Once the Final Order has been granted, this means you are no longer legally married, but it does not separate you financially.

Making arrangements for children – if you share children together, you and your former spouse will need to decide on a number of things, including where they will primarily live, and the amount and type of contact each of you will have.

Financial settlement – after you have received the final order, you still have financial ties to one another. Your finances will only be separated if you obtain a financial order from the court. You can make arrangements between yourselves, but to ensure no future claims occur, it’s important to apply to the court for a financial order which makes your agreement legally binding.

Can you defend a divorce?

No, it is not possible for a divorce to be contested except in rare instances. An example of this would include if the parties are already divorced.

How much does divorce cost?

When you apply to get divorced, there is a £593 application fee. However, there will be other costs in the process, such as hiring a solicitor to make negotiations concerning splitting your finances and making arrangements for children. If you cannot negotiate between yourselves, you may need to apply to court, which will incur and additional fee.

Will I have to go to court to divorce?

Unless there is a dispute as to the legality of a divorce, you should not need to attend court for the divorce to conclude.

Also, if a party makes an application to court for costs to be made then, the parties may need to attend a hearing.

In a straightforward divorce whereby the application is joint or is agreed with by the respondent on a sole application, you should not need to attend a hearing.

How are finances divided in a divorce?

Finances are often an important aspect when obtaining a divorce. Understandably each party will want to protect their assets, particularly those more significant such as property and pensions. Matrimonial assets are primarily what will be taken into account, but depending on your personal circumstances, non-matrimonial assets could be included too. 

If you require the assistance of the court, they will take a number of factors into consideration, including:

• The length of the marriage
• If you have children – e.g. their financial needs
• Each of your ages
• Your standard of living prior to the divorce
• Living expenses
• Each party’s financial needs and responsibilities
• Each party’s role in the family – e.g. if one was the main earner and the other looked after the family home and primarily cared for the children
• Disabilities

Do I have to formally end my marriage if myself and my spouse separate?

You do not have to legally or formally end your marriage but, if you decide that divorce is not what you want right now then you do not have to proceed. It is, however, advisable to arrange a separation agreement to confirm that you and your spouse intend to live apart and confirm the financial arrangements which have been agreed. Further advice can be found on our separation agreements advice page. Furthermore, if you believe your marriage is not at an end but you are concerned as to your financial security if matters end up breaking down then, you may wish to look into obtaining a post-nuptial agreement.

What is ‘no-fault divorce’?

The term ‘no-fault divorce’ refers to the changes to divorce legislation in the UK, which came into effect in April 2022. Prior to no-fault divorce, separating couples would need to prove the irretrievable breakdown of the relationship by using one or more ‘facts’, such as unreasonable behaviour and adultery.

With no-fault divorce, it is no longer necessary to provide a reason. Simply stating that the relationship has irretrievably broken down is all that is required.

No-fault divorce also allows for couples to make a joint divorce application and has changed the process so that it is no longer possible for someone to object to an application being made by their former partner on a sole basis.

How long does it take to get a divorce?

There are two important timeframes to be aware of when it comes to divorce. The process dictates that there is a 20-week minimum ‘cooling off’ period for a Conditional Order to be applied for. Once you have applied for the first divorce order, it is likely to be another 4-6 weeks before the court pronounce the Conditional Order. Once pronounced, there is a further 6-week wait after this for a Final Order to be applied for. This means that divorce proceedings take a minimum of 6-9 months.

If you would like some general information as to the timescales of a divorce then, please download our Divorce Guide Flowchart .

There are likely to be other arrangements which need to be made which will extend the time it takes to complete the divorce, such as having to negotiate and agree how the finances may be divided or to try to agree the arrangements for children.

Does it matter who applies for the divorce?

Under the new divorce process, both parties can apply jointly for the divorce. If you are wishing to proceed with a sole application, the applicant in a sole divorce application will be the one who drives the process and is the first to be given the opportunity to apply for the first and final divorce order.

If you apply on a joint basis, both parties will need to apply for the stages of divorce for this to progress.

Who lives with the children following divorce?

Deciding who children will live with following the divorce can often prove to be very emotive and is at the centre of many arguments between parents.

Child arrangements will usually be decided based on the specific circumstances playoff each individual case taking into consideration lots of factors which are set out below. Separating couples will typically have the opportunity to come to a decision regarding who their children will live with voluntarily either directly, within mediation, via solicitors or arbitration if required. Where this is not possible, the courts may need to intervene.

Do I have to formally end my civil partner if myself and my civil partner separate?

You do not have to legally or formally end your civil partnership but, if you decide that dissolution is not what you want right now then you do not have to proceed. It is, however, advisable to arrange a separation agreement to confirm that you and your spouse intend to live apart and confirm the financial arrangements which have been agreed. Further advice can be found on our separation agreements advice page. Furthermore, if you believe your civil partnership is not at an end but you are concerned as to your financial security if matters end up breaking down then, you may wish to look into obtaining a post-nuptial agreement.

What has changed with the process of dissolution?

The court have made changes to the dissolution legislation in the UK, which came into effect in April 2022. Prior to the end of the blame game, separating couples would need to prove the irretrievable breakdown of the relationship by using one or more ‘facts’.

With the changes in the law, it is no longer necessary to provide a reason. Simply stating that the relationship has irretrievably broken down is all that is required.

No-fault dissolution also allows for couples to make a joint dissolution application and has changed the process so that it is no longer possible for someone to object to an application being made by their former partner on a sole basis.

What are the grounds for dissolution?

The only ground of dissolution is that the civil partnership has broken down irretrievably.

Will I have to go to court to dissolve my civil partnership?

Unless there is a dispute as to the legality of a dissolution, you should not need to attend court for the dissolution to conclude.

Also, if a party makes an application to court for costs to be made then, the parties may need to attend a hearing.

In a straightforward dissolution whereby the application is joint or is agreed with by the respondent on a sole application, you should not need to attend a hearing.

How long does it take to get a dissolution of civil partnership?

There are two important timeframes to be aware of when it comes to dissolution. The process dictates that there is a 20-week minimum ‘cooling off’ period for a Conditional Order to be applied for. Once you have applied for the first dissolution order, it is likely to be another 4-6 weeks before the court pronounce the Conditional Order. Once pronounced, there is a further 6-week wait after this for a Final Order to be applied for. This means that dissolution proceedings take a minimum of 6-9 months.

If you would like some general information as to the timescales of a dissolution then, please download our Dissolution Guide Flowchart.

There are likely to be other arrangements which need to be made which will extend the time it takes to complete the dissolution, such as having to negotiate and agree how the finances may be divided or to try to agree the arrangements for children.

Does it matter who applies for the dissolution?

Under the new dissolution process, both parties can apply jointly for the dissolution. If you are wishing to proceed with a sole application, the applicant in a sole dissolution application will be the one who drives the process and is the first to be given the opportunity to apply for the first and final dissolution order.

If you apply on a joint basis, both parties will need to apply for the stages of dissolution for this to progress.

Who lives with the children following dissolution?

Deciding who children will live with following the dissolution can often prove to be very emotive and is at the centre of many arguments between parents.

Child arrangements will usually be decided based on the specific circumstances playoff each individual case taking into consideration lots of factors which are set out below. Separating couples will typically have the opportunity to come to a decision regarding who their children will live with voluntarily either directly, within mediation, via solicitors or arbitration if required. Where this is not possible, the courts may need to intervene.

If you would like some further information about process options, please download the Resolution flowchart as follows:

Resolution flow chart.

The court will encourage parties to try to agree matters outside of court wherever possible.

Where the courts are called on, they will consider several factors as follows:

• The ascertainable child’s wishes and feelings of the child/ren concerned (although the influence of their wishes and feelings will depend upon their age and understanding);
• Their physical, emotional and educational needs;
• The likely effect on the child of any change in their circumstances;
• The age, sex, background and any characteristics of the child which the court thinks is relevant;
• Any harm the child/ren has/have suffered or is at risk of suffering;
• How capable each of the child/ren’s parents, any other person in relation to whom the child considers the question to be relevant, is of meeting the child/ren’s needs; and
• The range of powers available to the court under the Children Act in the proceedings in question.

Speak to our divorce solicitors in Kent today

Speak to one of our divorce lawyers at our offices in Ashford, Cranbrook or Hythe today by calling 01233 624545 or fill in our enquiry form on the right hand side of the page to request a call back.