Divorce Advice

The Divorce Process in the UK

Grounds for Divorce

In 2022, the UK introduced a no-fault divorce law, making the process of ending a marriage more straightforward. Under this new law, couples no longer need to assign blame or prove wrongdoing to get a divorce. Instead, one or both partners can state that the marriage has irretrievably broken down, without needing to cite specific reasons.

Before this change, couples going through a divorce had to cite ‘fact’, such as ‘unreasonable’ behaviour, adultery, or desertion. Alleging once of these ‘facts’ often caused conflict or resentment, making the process longer and more stressful. The introduction of the no-fault option has simplified things. Now, the divorce applicant does not need to prove ‘who was at fault’, which can help move the process along more quickly as well as resolve things more amicably and possibly help the individuals stay on better terms.

Whether you’re considering a ‘no-fault’ divorce or need advice on other aspects like Post-Divorce Finances, or Child Arrangements, we’re here to ensure that you are properly advised every step of the way.

Divorce Timeline and Paperwork

Going through a divorce can feel overwhelming, especially with the legal steps involved. Understanding the process can help make things more clear. Here is a useful guide which outlines the Divorce process: https://www.gov.uk/divorce/file-for-divorce.

However, no two cases are the same, and you will require specific advice and guidance tailored to your requirements. We can guide you through the process, ensuring that you are well informed throughout the process.

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Common Mistakes to Avoid 

Going through a divorce can be stressful; when you don’t know the process, it’s easy to make mistakes that can cause delays or complications. This is why seeking proper legal advice on Divorce and Separation is a smart investment of both time and finances.

Most divorces have financial issues linked to them, another key step that requires a great deal of consideration. These issues can involve dividing property and other assets, and future provision such as pensions and/or (child) maintenance.

If you don’t obtain a Financial Remedy Order, which confirms who gets what, you risk losing out on what you deserve and need, as well as risk your ‘ex’ having the opportunity to make claims in the future, perhaps, at an inconvenient time.

Financial Remedy Claims on Divorce

Division of Assets 

When it comes to dividing assets during a divorce, many people assume that everything will be split 50-50. However, the Court’s aim is fairness, which may not mean ‘equal division’. Before deciding who gets what, the court looks at ‘the Section 25 Factors’. A criteria from Section 25 of the Matrimonial Causes Act that determines fair financial settlement in divorce or dissolution cases. If you would like to find out more, please use this link: https://www.legislation.gov.uk/ukpga/1973/18/section/25.

Key assets considered often include:

• A family home
• Investment properties
• Savings/investment/bank accounts
• Pensions
• An imbalance in income/earning capacity
• Debts
• Needs specific to health problems, or to children

Hopkins experienced family law team can help you understand the process and what the possible, likely and best fit outcomes are in your circumstances. For advice tailored specifically to you, please get into contact with us today.

Spousal Maintenance and Child Support

Child Maintenance, except in some limited circumstances, is not decided by the Divorce Court. It can be agreed, or assessed by the Child Maintenance Service: https://www.gov.uk/child-maintenance-service.

Some divorces include an assessment of spousal maintenance. Un-married, former companions/co-habitants may not claim maintenance for themselves from their ‘ex’. Spousal maintenance can depend on factors such as:

• The length of the marriage
• The parties’ ages & health
• Both partners’ incomes (& their respective earning/income capabilities)
• Their financial needs & responsibilities

Child support is calculated differently and is based on the income of the parent who doesn’t have full-time custody. This support is to help cover the costs of raising a child, including housing, food, and education. It is important to ensure that the agreed amount meets your child’s specific needs.

Legal advice in this area is crucial and Hopkins family law team can help you understand what financial arrangements are feasible in your situation. For advice specific to you, please get into contact with us by clicking the button below.

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Child Custody and Parenting Arrangements

Child Custody Laws

In the UK, child custody decisions are based on what’s in the “best interest of the child.” This means the court will focus on the child’s well-being when deciding where they should live and how much time they spend with each parent. The aim is to ensure the child’s physical, emotional, and educational needs are met, and that they have a stable environment.

There are two main types of custody, shared and sole. Generally, shared custody is preferred by the courts, as it allows the child to maintain a relationship with both parents. However, if one parent is unable to provide adequate care and support for the child, sole custody may be awarded.

Many Divorces involve disagreements about what is best for the child of the family. This is a complex legal area that requires expert support and guidance. Hopkins Solicitors have specialist Child Arrangement legal experts that can help. Please use this link provided to find out how we can support you through the process Making Child Arrangements After Divorce or Separation.

Co-Parenting and Visitation

Effective co-parenting after a divorce is essential for a child’s well-being. Creating a clear and balanced arrangement, which works for both parties, can ensure that they are able to maintain a healthy relationship with their child(ren). Adjustments can also be made over time to accommodate life’s changes.

Judicial Separation vs. Divorce

What is Judicial Separation?

Judicial separation is an alternative for couples who no longer want to live together, but don’t want to divorce, e.g. for religious reasons. This option allows couples to formalise their separation through a court order, without legally ending the marriage. 

Following Judicial separation, the court can still make the same Financial Remedy Orders that it can make following Divorce, see above for more information.

Further guidance on Judicial separation can be found here: https://www.gov.uk/legal-separation. This is a complex process which, although it can be done yourself, requires expert guidance and support to ensure the correct outcome. Our expert team can support you through this process.

Separation Agreements

Moving from separation to divorce can be a significant change, but having a clear plan in place can make the process much smoother. A separation agreement can be drawn up before a Divorce. It could outline who gets what, as well as any interim agreements, when the time eventually does come to Divorce. Thus, you can reduce potential conflicts later on.

A separation agreement can streamline the legal process of getting a Financial Remedy Order later down the line. If your separation agreement meets certain legal requirements, the court should take the agreement into account when deciding what Financial Remedy Order should be made.

Hopkins Solicitors can help you complete a separation agreement, ensuring you protect your interests and aid a smoother divorce process. If this might help you, or anyone you know, please get into contact with us today.

Non-Court Dispute Resolution

Hopkins Solicitors can help you resolve disputes via Collaborative Law Collaborative Family Law Solutions.

Mediation

Mediation is a valuable alternative to court proceedings that can save time, money, and stress. Mediators are neutral professionals who guide discussions, ensuring that both sides feel heard. Their goal is to help you reach a mutually agreeable solution, whether it’s about child custody or property division.

We often refer Hopkins’ clients to external Mediators, to explore whether you and your ‘ex’ can make progress around a Mediator’s table, or via a Mediator’s video link!

Mediation is also mandatory, before you apply to court for a Financial Remedy, or Child Arrangements, order.

Arbitration & Court Proceedings

While many disputes can be made out-of-court, certain situations require court intervention.  Although a lower cost method of resolving an issue is Arbitration in which you and your ‘partner’ will appoint an ‘Arbitrator’ to make a final decision on all aspects of the divorce or separation, from financial or property disputes to child related matters. Please use this link if you would to find out more about Arbitration: Arbitration Resolution.

However, Arbitration, Mediation and Collaborative Law are all voluntary processes. If neither you or your ‘ex’ will compromise nor agree to try a method of Non-Court Dispute Resolution, court proceedings may be necessary. Sometimes, the Financial Remedies court must decide on complicated financial disputes e.g. if their argument is about what assets exists and how much they are actually worth.

At Hopkins Solicitors, we understand that going to court can be daunting. However, our family law team have lots of experience helping clients navigate the Family Court.

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How Hopkins Solicitors Can Help 

At Hopkins Solicitors, we understand that managing a divorce can be overwhelming. That’s why we offer tailored support through every stage of the process, ensuring you feel informed and empowered. Whether you need help with financial settlements or child custody disputes, we can help protect your interests.

Our approach begins with understanding your unique situation and goals. We provide clear, jargon-free legal advice that makes it easy for you to grasp your options and make informed decisions. Our commitment to transparency means you will never feel confused about your legal rights.

In addition to traditional legal support, we also offer mediation services. This allows couples to work through their differences in a more amicable environment. Our trained mediators facilitate discussions to help both parties reach a fair agreement without the stress of court.

Our goal is to make the process as smooth as possible, helping you move forward with clarity and peace of mind. Let us be your trusted partner during this challenging time.

Conclusion

Having expert guidance during this time is crucial for protecting your assets and ensuring a fair settlement. The challenges of divorce can be overwhelming. Understanding legal requirements without help can lead to costly mistakes. That’s why it’s vital to have a trusted partner by your side.

At Hopkins Solicitors, we are committed to providing clear, jargon-free legal advice tailored to your needs. Whether you’re dealing with financial disputes, child custody matters, or the mediation process, our experienced team is here to help you every step of the way. If you’re facing a divorce, don’t hesitate to reach out for expert family law advice. 

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