Divorce
Whether you are just at the stage of thinking about divorce or dissolution of civil partnership and wanting some initial advice or you’re definitely in need of a lawyer to represent you, we offer a range of services to help from our ‘Free Initial Assessment’ through to full representation.
Here at Barwells we aim to deal with divorces or dissolution of civil partnerships as amicably as possible. We do so by seeking to agree the contents of the Divorce Petition with your spouse or civil partner before any formal action is taken. Even in the most difficult of cases, it will be very unlikely that you will be required to attend Court.
Divorce also covers a vast range of circumstances – from everything being completely agreed through to, sadly, quite bitter and acrimonious court proceedings. Our divorce lawyers are experts and can help whatever your position. Getting the right lawyer is vital – the level of legal knowledge and expertise can make a real difference to the outcome and their levels of customer service can make a real difference to the experience. Barwells specialist, local divorce lawyers excel on both fronts and will work to get the absolute best outcome for you.
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 an initial Free 30 Minute Initial Assessment.
Finances on Divorce
Dealing with finances on divorce is often referred to as Ancillary Relief. This covers all sorts of issues that arise when determining how matrimonial assets are to be divided such as what will happen with the family home or any other property, whether spousal maintenance should be paid to one party, pensions, investments, child maintenance and, on some occasions, debt. Our family law team are experts in advising on financial settlements on divorce.
How are financial matters on divorce resolved?
Financial matters on divorce can be resolved a number of ways. This may be through mediation, entering into full and frank financial disclosure or Court proceedings. At Barwells, we are keen to avoid the latter if possible so as to limit the costs you may incur. We will be able to assist and advise you in reaching a financial settlement that is tailored to meet your individual needs.
It is important to know that a party’s financial claims against their husband or wife are not dismissed just through getting a divorce. We would recommend that your financial settlement is made binding by entering into a Consent Order so that you have the security and reassurance of knowing that you have a binding Financial Order. Consent Orders are very common for parties seeking a clean break from one another even where there are no notable matrimonial assets to divide. A clean break is the dismissal of all claims each party has against the other both now and in the future. Our specialist family lawyers are experts on preparing and advising on such agreements. We also specialists on preparing and advising on Separation Agreements in cases where parties may not be ready for divorce right away but need to deal with financial matters in the interim.
Our divorce lawyers in Eastbourne, Hailsham, Seaford, Newhaven and Peacehaven in East Sussex all have the experience required to be able to provide you with reliable, detailed and relevant legal advice on matters relating to dissolution. We often have clients instruct us who are based in the surrounding areas such as Brighton, Lewes, Uckfield, Heathfield, Bexhill and Battle.
Free Legal Advice
At Barwells we use plain English - not legal jargon. We will explain everything in a way that is clear and easy to understand. We also offer free initial advice and will explain the costs and timescales involved up front so you always know your options and what to expect. So for friendly, confidential advice about divorce, contact us today on 01323 875027 to speak to one of our family law solicitors, lawyers or legal executives.