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Divorce

If you’re thinking about getting a divorce, filing for civil dissolution or you’re going through a relationship breakdown, it is best to get trusted legal advice early. Going through a separation might not be something you expected, and it can raise a lot of questions about living arrangements, child arrangements and any joint finances. Our team of divorce solicitors in Balham understand the challenges you’re facing and will help you review your legal position.

The work we do can help those who are considering separating to be in the best position possible in situations where the relationship is beyond repair. Considering the longevity of your relationship and rethinking your future can be a daunting prospect, and is not something you should enter into lightly and without due consideration.

We can help to facilitate a constructive environment to consider these matters so that it is easier to work through any issues in a timely and amicable way. Our accredited family law specialists have experience supporting families through both uncontested and contested divorce processes. There are specific legal processes that must be met for each, which we can ensure you are prepared for. The support we offer can range from tailored advice as and when needed for those wishing to self-manage their divorce, through to a full-service where we take care of all the paperwork and filing for you.

No Fault Divorce

As of 6 April 2022, the No Fault Divorce has come into effect.

A No Fault Divorce allows couples to leave their marriage without having to use one of the five facts to prove your marriage has ‘irretrievably broken down’, you can simply make a declaration together saying that it has.

Can a couple jointly apply for a no fault divorce?

Yes. A couple can apply for a no fault divorce singly or jointly. Previously one spouse had to issue divorce proceedings against the other.

The new law doesn’t change that a solicitor can only act for one of you in any child or financial arrangements.

There might be the need to consider what would happen if one of you changes your mind due to a breakdown during discussions on child or financial arrangements.

How long does a no fault divorce take?

If everything therefore runs smoothly and there are no other issues, the minimum length of time to get a divorce now will be six months.

No Fault Divorce process.

  • A couple apply for a divorce individually or together. This means they can choose to make a statement together explaining their marriage has irretrievably broken down. They don't need to explain why.
  • A period of 20 weeks will apply as a ‘cooling off period’
  • After 20 weeks and the couple are still looking to proceed, a Conditional Order is granted by the court. At this point you can now file a financial consent order with the court following the Condition Order being granted and (if you are having one) the financial order sealed (agreed) you can apply for your final divorce order
  • A 6-week period
  • After the 6 weeks is over a Final Order is made by the court.
  • The minimum length of time to get a No Fault Divorce will be 6 months.

Can you contest a no fault divorce?

No, you cannot contest a no fault divorce. The reason for contesting a divorce is the mistaken belief that admitting fault will affect access to children and the fair division of financial assets.

Although a no fault divorce cannot be contested, the terms of the divorce can. For example, financial arrangements and arrangements for children. In this case terms may be agreed through mediation or, failing that, through the court.

What happens about the parenting arrangements and finances?

You will need to reach an agreement on how the arrangements for parenting and how the assets and finances are agreed whilst living separately, as these are separate parts of your divorce and are not covered under the no fault divorce law. 

If you are having difficulty on coming to an agreement between yourselves, mediation is the next reasonable step as it is a pre-requisite for going to court for a decision in most cases.

How much does a no fault divorce cost?

A no fault divorce may be less costly than the current divorce process because it is less contentious. It is hoped that more amicable agreements can be reached more quickly so outcomes are less expensive.

Arrangements for children and matters relating to property and finances will still need to be agreed. The associated costs here will be the same as any type of divorce.

We offer a range of clearly priced divorce services, so you can choose what best suits your circumstances. Our services range from initial Free Initial Assessment and Ask the Legal Expert (45 minutes for £99), through to full representation.

 

It is not necessary to consider your divorce and financial arrangements jointly, but the two matters usually are. There are often a lot of financial arrangements to sort out whether you are married or not, particularly if you have been living together, own assets together, or have children together. 

To reach a financial settlement, we’ll walk you through considerations for your immediate financial concerns first. It can be a financial strain having gone from two incomes supporting a household to having the one income to rely on. Assets, such as the family home, car, savings and pensions will also be considered, including whether you or your former partner has a right to claim on any of these and how you can protect yourself. Another financial matter to consider during divorce is whether any maintenance is due or owed, what that amount will be and for how long it would be appropriate. 

Where possible, we’ll aim to put an enforceable agreement in place without having to go to court, which helps to keep costs and additional stress down. If the matter does need to go to court because an agreement cannot be reached, we’ll ensure your best interests are represented and your rights are protected.

If you are experiencing a relationship breakdown and would like to file for or respond to divorce papers, contact our family law team today to see how we can help on 020 8355 0830

Team members

Muhammad Ziaullah Zaki Khan
LLB, MA, DTL, DLL, DIQ. Managing Director
Balham
Contact
Errol Hamlin
Solicitor
Balham
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