Expert Divorce Solicitors & Lawyers in Essex
What is Divorce Law in the UK?
The breakdown of a relationship can be incredibly stressful and difficult for anyone to go through, especially if there are children at the heart of it and there are a lot of feelings involved.
Divorce law is the legal framework which is required when a marriage breaks down so that we can end a marriage and determine how this will work in practical terms. In the UK the old law was abolished and we have what is now known as ‘No Fault Divorce’ so the aim is for the process to be amicable and conflict free. Sometime things just do not work out and there is no one to blame, so this change of law offers the framework to a streamlined process.
That said, this remains a complex area of law as there is a wide discretion of what can and cannot be done. An important first step in any divorce is seeking advice from an experienced divorce solicitor in Essex to see what is best suited to you and your family. Divorce proceedings can be complicated, not only with the dissolution of the marriage, but also organising your finances, possessions, and Child Arrangement Orders.
The Family Law team at Mullis & Peake LLP are hugely experienced and are able to guide you through this difficult time, providing a sympathetic and pragmatic approach, tailored to your situation. This also includes offering advice for civil partnerships.
Our family team offer a free 40-minute consultation which is designed to provide some initial guidance so you can determine the best approach for you. Unfortunately, we do not offer legal aid.
Family and Divorce Law Enquiry
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Understanding Steps in the Divorce Process in the UK
Filing for Divorce
The divorce process was changed in 2022, and the only grounds to apply for a divorce in the UK is if the marriage has irretrievably broken down. It is what is referred to as a ‘No Fault Divorce’ in England and Wales. This can either be applied for as a sole application (you will be the applicant) or a joint application (you will be referred to as Applicant 1 and Applicant 2). The fee for this is currently £612, and you will need a certified colour copy of your original marriage certificate in English.
The process for applying for divorce has been much simpler and often couples choose to apply without the need to go through a solicitor for this element. The easiest way to apply is using the HMCTS portal online, when you then get email updates from the court with regular updates when you get to the next stage in the process. For those clients who would rather do this in paper form, the form can be downloaded online, however, be aware this could take longer than the online process.
If the application for divorce is done on a joint basis, once you have both approved this, the Court will progress the application. If the application has been done as a sole application, the other spouse will be sent a copy of the divorce application to respond to.
If you are still unsure, speak to one of our divorce solicitors in Essex, Romford or Brentwood - who will be able to apply for you.
Responding to a Divorce Petition
Upon the court issuing the divorce application, the application will be served on the other spouse (the respondent) with a D10 form (Acknowledgement of service) which is to confirm the receipt and provide a response.
When responding to a divorce application, it is important to know that you can no longer object to the divorce unless you are seeking to argue the marriage was never valid or has already legally ended, or in very limited cases challenge the court’s jurisdiction (this means that you are arguing a different court should be dealing with the divorce). In the majority of cases this will not be possible particularly if one or both parties live in England or Wales and the matrimonial assets are in the UK (or at least some of them). If you think there is a chance the court’s jurisdiction could be challenged or that one of the other exceptions apply you should seek expert legal advice from a divorce solicitor as soon as possible as there are strict deadlines as to raising these arguments, and if you do not respond in time your partner can proceed with the divorce.
When responding to a divorce application, the court will ask you about the finances and any existing or previous court proceedings. These are usually straightforward, but if you have any doubt, it is always best to seek guidance.
If a spouse does not respond to an application for divorce or you do not know where your spouse is, speak to one of our family solicitors in Essex to discuss the next steps and how to progress your divorce.
In most cases, once the court has received a response, the matter will go into a 20-week holding period. During this period your case does not progress it is essentially a ‘cooling off’ period, however, it is usually a good opportunity to try to negotiate finances to ensure the process is as quick as possible.
Conditional Order and Final Order
When this 20-week period has expired, the Court will notify you and you will be able to apply for what is now called a Conditional Order (previously referred to as Decree Nisi). This Order is of great importance as once this is granted you will be permitted to proceed with the divorce, and it is required for the Court to make any Order in respect of the finances whether this is by agreement of the couple or the Court’s ruling.
You will then be able to apply for the Final Order (previously referred to a Decree Absolute) of divorce 6 weeks and 1 day after the Conditional Order has been granted. This is not to say you must apply for it at this stage, but this would be the first opportunity available. If after 3 months of the applicant being able to apply for the Final Order, this has not been done, the respondent will be able to apply. We do not usually recommend applying for the final order until the Court has approved a financial settlement as this has an impact on inheritance and pension provisions. You can speak to one our expert family solicitors in Essex if you would like further guidance on this.
Areas of Divorce Law We Cover in Essex
Financial Settlements
In most marriages, there is a property and other financial assets that might need to be divided up between you. It is often the trickiest part of the divorce. Each marriage or civil partnership is unique and there is no one formula for working out the settlement. Instead, there are guidelines to follow. The starting point is to share your combined assets equally but the following factors, known as the Section 25 factors, have to be taken into account as well.
Child Arrangements and Custody
If your relationship has ended and you have children, you will need to make some important decisions about where the children will live and the time that will be spent with each parent.
Financial Provision for Children
If you are married, you will also need to consider financial support for your children. If you agree on child maintenance, you can include this agreement in a Consent Order in the divorce. If not, you will need to apply to the Child Maintenance Service.
Property and Divorce
People often worry about losing their home if they are getting divorced. The family home is often the main asset in most relationships to be divided up in a divorce, and the court will look at the needs of both parties, but especially the needs of any minor children, who are the first concern of the court. It is quite likely that a family home will be sold to provide for the needs of all parties, but not necessarily. Therefore, we suggest you seek legal advice from our experienced divorce solicitors in Essex, and we can help you with your case as to whether or not your home would be sold.
Pensions and divorce
If you are going through a divorce, you must consider the matter of pensions alongside you finances. The Court can consider the value of the fund and off-set this against other assets or they can share a pension under a Pension Sharing Order. The Court has the power to transfer the entire pension fund or a percentage of it to the non-owning spouse.
Are there any alternatives to divorce?
If you are having problems in your marriage but are not yet ready to commit to divorce you can try couples counselling or family mediation. Alternatively, couples may wish to consider a judicial separation instead of a divorce. This route is most common in situations where the parties may not believe in divorce for religious reasons (or their own personal beliefs) however, they would like to separate and work out how this will be managed from a financial perspective. The Court can make a financial order in a judicial separation on all aspects apart from pensions.
The most important distinction between a divorce and judicial separation is that with a judicial separation you cannot remarry.
If this is something you would like to consider, our expert divorce solicitors in Essex can advise you further.
How Can Our Divorce Lawyers in Essex Help?
How Much Does a Divorce Cost
It is difficult to give an exact figure as to how much a divorce will cost as each case is different. For example, a divorce where the couple agrees will cost far less than a case which is particularly contentious, and court proceedings are issued. It is also important to note that the costs of the divorce itself are separate to the costs involved in resolving financial matters. For an estimate on fees, please speak to one of our divorce solicitors in Essex, who will be able to give an indication of likely fees. The current Court fees are as follows:
- Application for Divorce, nullity or civil partnership dissolution- £612
- Applications for Matrimonial or Civil Partnership Orders - £415
- Agreed financial settlement - £60
- Contested Finances - £313
Locations we cover
It is important to find a legal team who is the right for you, that is why we offer a free 40 minute consultation with no obligations. During this meeting you will be provided legal support which is tailored to your needs with an insight on how we can help you moving forward. We are one of the leading firms in the area and are rated Excellent on Review Solicitors. We cover the areas of Havering (including Romford, Upminster and Hornchurch) Central and Greater London and Essex (we have an office in Shenfield, Brentwood). However, we can assist outside of those areas so please do call us to discuss your needs with our experienced divorce solicitors.
Why choose us for Legal Divorce Advice in Essex
Divorce Proceedings Explained
For an overview of the divorce process please see the Understanding Steps in the Divorce Process section above. The Courts in England and Wales now expect couples to try and reach a resolution out of court where possible (we know this is not always possible and there are some exceptions to this), therefore, we encourage you to try mediation (or sometimes arbitration). This is to help open the discussion on how to settle matters in a manner in which both parties are happy with. It means that you both have control over the end result rather than a judge.
If mediation is successful, you will be provided with a memorandum of understanding which can be given to a solicitor to advise you on and prepare the relevant paperwork to lodge with the Court. It may be that not all matters are agreed at mediation and that is fine, you can then engage in further discussions either yourself or via solicitors.
If all else fails, an application would be made to the Court to begin contested financial remedy proceedings. This would mean that your case goes through a 3-stage process (depending on which point you settle) as follows:
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The First Appointment (FDA)
- This is a directions hearing where the court provides a timetable of events to gather evidence. The purpose of this is for you each to prepare documents which you will present to the Court and the other person to try and settle.
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The Financial Dispute Resolution Appointment (FDR)
- At this hearing, there will usually be negotiations between you both, and you will provide the judge all the evidence gathered since the last hearing. If you have not reached an agreement, the judge will provide an indication what the outcome may be at a final hearing. Normally, most cases will settle at this point or shortly after.
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The Final Hearing
- If you have reached a final hearing, it is likely the case is rather contentious and no agreement has been reached between you. Therefore it is now for the judge to decide the outcome. Occasionally, couples may reach an agreement on the day of the hearing, or during this.
What is No-Fault Divorce in the UK?
No-fault divorce is a recent development in family law in England and Wales. It allows for couples to separate amicably without attributing fault to either party. This reduces conflict between the parties and only requires the applicant to confirm the marriage has irretrievably broken down. You can no longer apply for a ‘fault-based’ divorce in the UK, however, previously this required proving grounds such as unreasonable behaviour, adultery, two years’ separation with consent, five years’ separation without consent, or desertion. This often either caused conflict or meant people could not apply for a divorce immediately (in cases such as 2 years separation or 5 years separation) when the marriage had clearly broken down. The new process helps limit costs and provides a more streamlined process. The 20-week holding period gives couples the chance to consider financial settlements or in some circumstances reconciliation.
Example Recent Cases in Divorce Settlements Handled by Our Divorce Solicitors in Essex
As well as having dealt with complex businesses and high net worth cases, in the last year the family team have advised on:
- Complex financial settlements of family business, professional partnerships and family trusts
- Nullity proceedings
- Urgent applications including emergency freezing applications to freeze assets before they could be removed
- Financial settlements involving complex or multiple pensions that require an actuary’s report
- Lengthy financial proceedings resulted in healthy settlement for our client. The Husband declined to execute Charge over Shares after a negotiated financial settlement and final order and was clearly prevaricating in terms of delay. He had to make a lump sum of £3,000,000 over three years and the first instalment was not paid on time, which resulted in the husband being in default and having failed to execute the security and therefore a freezing injunction was obtained in the High Court. An order for costs was obtained against the husband, and the first instalment of the lump sum was paid at the end of 2023. The freezing injunction remains in place to protect the balance of the client’s interest and the Charge on Shares has now been executed for the additional protection that offers pending a sale of the company which is allegedly being negotiated by the husband.
- High net worth divorces and financial application from wife - there was a family trust which owned part of the shares in the company – there was an issue of pre-marital accrual as the company had been started by the client’s father in 1986 but had grown exponentially under the client’s guidance since 2006. The company was in the business of plastering / rendering and therefore faced very substantial numerous litigation in the post-Grenfell litigation climate in relation to buildings (towers) it had cladded over the last 7 to 10 years which no longer meet Building Regulation standards, and all of which have been surveyed in detail by the current owners / occupiers in respect of fire safety compliance. The cost of these potential claims were a substantial risk to the company and at present, although insured, they still required substantial input of company assets in terms of time and management and legal fees. These issues were exploited to ensure the client’s business assets were reduced in value from the estimate of the single joint expert of £31,000,000 to £6,000,000, resulting in a lump sum for this aspect of the claim payable of only £3,000,000 to the wife.
- This is a long marriage of 25 years where the client, the wife, was the sole breadwinner. The Respondent husband has mental health difficulties and has not worked for approximately 20 years. He was supported by our client, the Applicant, until separation in 2019 when he has been supported by his external family who have now generated Loan Agreements for tens of thousands of pounds of money that he owes them and put a charge on the family home. There was a further property in his name, which his family allege they paid for, and from which he was receiving rental income until the same was transferred for nil consideration to the Respondent’s brother. The Respondent alleges he is a long-time sufferer of PTSD, as he was present when his youngest brother was stabbed to death in 1990. The client and her son had to move out of the family home in 2019 as it was essentially not fit for human habitation as the result of the Respondent’s hoarding of items. This situation has obviously been exacerbated in their absence, and we will now seek the unusual order that the Respondent must vacate the property to allow the same to be fumigated and presented to the market for sale. The courts are reluctant to take this step as, on the face of it, the Respondent has nowhere else to go and no funds to rent alternative accommodation. Indeed, he may not even have the mental stability to proceed in this way.
In terms of complexity, non-disclosure and issues of liabilities and transfer of assets there are a number of complex issues yet the total potential assets, taking everything into account, are still less than £600,000 which increases the complexity of achieving a fair outcome for all parties. - We acted for the wife in a divorce and financial matter where the parties had been separated for more than 20 years. The parties had been separated for some time but had not formally divorced or finalised their finances. The parties were living separately in their own properties and did not have any joint assets. The client wanted a clean break order to make sure that neither party could make a claim on the other in the future. Both parties were happy with this, and a consent order was drafted to submit to the court.
Once the order was submitted, the sealed copy was received quickly and sent to both parties. The divorce is still ongoing, and the final order can be applied for from the 1st February 2024.
Our role in this matter relates to advising client on financial settlement.
Key aspects: - Property assets in the UK and Ethiopia
- Respondent built a property in Ethiopia valued upward of £500,000. Property was built for residential use but now being utilised commercially. The parties also have family home in South London valued at £450,000.
- Whilst it is not impossible to export currency from Ethiopia, the volatility of the Ethiopian property market and currency controls, has meant that the parties have difficulty realising and exporting any rental income or capital value from the Ethiopian property. Giving rise to cross border matters and issues, being addressed in the course of matter.
- Given our experience in matters relating to assets in Africa, hurdles with African property registration and volatile currency controls in this region, our ongoing involvement meant that client was reassured that we had a clear understanding of his matter and the objectives he was trying to achieve to settle the matter a quickly and amicably as possible. Though the matter is still ongoing, we are confident that a settlement will be achieved.
How to file for divorce in the UK?
If you have decided that you no longer want to be married, you can apply for a divorce online or via a solicitor. You will need your original marriage or civil partnership certificate, your former partner’s name and address and documents for the change of name. If your original marriage certificate is not in English, you will need to get this translated and certified.
The next step is making a statement to the court that your marriage has irretrievably broken down. Only one application needs to be made between you. This can be a joint application from both of you or a sole application from you or your partner.
How to get a financial order in divorce proceedings?
There are two ways of obtaining a financial order. This can either be by agreement and you have a Consent Order (also referred to as a financial remedy order) which is filed with the court with a D81 Form (this is a Financial Statement of Information which gives the court an overview of your finances) for approval, or it may be that there is no agreement and court intervention is required. If court proceedings are issued, your case will go through a 3-stage process depending at which point you settle. If you have not reached an agreement during this process, the Judge will make a decision at a Final Hearing which will be binding.
Financial Orders are complex documents which if drafted incorrectly can cause problems in the future, therefore, we recommend speaking to one of our experienced divorce solicitors in Essex to make sure the terms of the Order are correct and enforceable.
How is Property & Finances Divided in a Divorce?
There are no hard and fast rules when dividing property and finances in a divorce. This area of the law is highly discretionary, however, the Court (and solicitors when negotiating) must consider the Section 25 Factors which are set out in the Matrimonial Causes Act 1973. These are as follows:
Section 25 Factors:
- the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
- the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
- the standard of living enjoyed by the family before the breakdown of the marriage;
- the age of each party to the marriage and the duration of the marriage;
- any physical or mental disability of either of the parties to the marriage;
- the contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
- the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
- in the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.
The majority of cases will be a ‘needs’ case, so the Court’s primary concern is going to be whether the housing, income and capital (lump sum of money e.g. deposit for a house or stamp duty) needs can be met and how. If there are enough assets to meet the needs and more, we then consider the remaining factors. It should be noted that the Court will only consider contributions made if the needs of the couple have been met.
Who must pay the costs if my divorce goes to Court?
As a general rule of thumb, costs are not usually awarded in family proceedings. This is because family proceedings are not of the litigious norm, where the loser pays the winners costs. In divorce proceedings, you can ask for the other side to pay your costs, and for the cost to be shared equally (this requires a separate application to the Court and will only be granted in exceptional circumstances if it is not agreed between the couple).
In financial remedy proceedings, the court can make an order for costs, but this is very rare and only in certain circumstances.
In child proceedings, it is at the court's discretion as to whether they make an order for the other party to pay your costs. As explained, it is not usually the norm in family proceedings for the other party to pay your costs, however, our divorce solicitors in Essex can advise you when it may be necessary to apply for the other side to cover these costs.
Frequently asked questions
If you have decided that you no longer want to be married, you can apply for a divorce. You will need to provide your solicitor with your original marriage or civil partnership certificate, your former partner’s name and address and documents for the change of name.
The next step is making a statement to the court that your marriage has irretrievably broken down. Only one application needs to be made between you. This can be a join application from both of you or a sole application form you or your partner.
A divorce can take at least six months to complete, even if your circumstances seem relatively straight forward. If children, pensions or property are involved it may take longer to sort out any issues.
There is not a definitive answer to how much a divorce will cost as the circumstances in each case will be different. However, if the divorce is uncontested, fees will be far less than if the case went to court and a financial settlement was required.
Both parties are entitled to a fair share of the combined net assets in the marriage. The starting point is for each of you to receive half but in most cases, this will not achieve a fair settlement for one of you, who may require a larger share to meet your needs. There is no standard settlement. Section 25 Matrimonial Causes Act 1973 lists the factors that must be taken into consideration. Click here to view them.
The family home is often the main asset in most relationships to be divided up in a divorce, and the court will look at the needs of both parties, but especially in the needs of any minor children, which are the paramount concern of the court in these cases. Therefore, it is quite likely that in most cases a family home will be sold to provide for the needs of all parties, but not necessarily. Therefore, we suggest you seek legal advice from us and we can help you with your particular case as to whether or not your home would be sold.
To be able to remarry, your divorce needs to be finalised. You need a document called a Decree Absolute. This document is different to your Decree Nisi, which entitles you to a divorce but does not end your marriage. Once your Decree Nisi is pronounced, you need to leave six weeks and one day before you can apply for your Decree Absolute, which will dissolve your marriage. The most important thing to remember is do not make any plans to remarry until you have your Decree Absolute.
Your ex-partner will receive exactly the same information pack as you. If they do not respond immediately, we will try to contact them again by telephone or text or e-mail following the MIAM with you. It is often possible for us to engage people in mediation once we have had an opportunity to speak to them and can explain how mediation may assist in your particular circumstances.
It generally doesn't matter who begins divorce proceedings anymore, particularly because you can do a joint application or a solo application. Before, it did matter because there was the cost element. But, actually, if you're both in agreement, either one of you can apply. It might be more associated with emotions and agreements between the couple as to who will start.
If you're getting a divorce, you don't have to go to court. Matters can be resolved with you and your partner outside of court and can be resolved amicably.
No-fault divorce is a recent development in family law. It allows for couples to separate amicably without attributing fault to either party.
As a general rule of thumb, costs are not usually awarded in family proceedings. This is because family proceedings are not of the litigious norm, where the loser pays the winners costs. In divorce proceedings, you can ask for the other side to pay your costs, and for the cost to be shared equally. In financial remedy proceedings, the court can make an order for costs but this is very rare and only in certain circumstances. In child proceedings, it is at the court's discretion as to whether they make an order for the other party to pay your costs. As I've just explained, it is not usually the norm in family proceedings for the other party to pay your costs, however, we'll be able to advise you when it may be necessary to make that application for the other side to pay your costs.
The short answer to the question is no. You can get divorced in a jurisdiction of England and Wales if your marriage in a foreign country was properly registered and noted at the time, and either you or your spouse are now, what we call, habitually resident in the United Kingdom. In fact, the jurisdiction of England and Wales is a favourite forum for divorce from people from all around the world. So it's actually quite common to get divorced in England and Wales even though you were married abroad.
Mullis & Peake have specialists in family, TOLATA and divorce law ready to help you. Our family team offer a free 40 minute consultation. Please call us on 01708 784000 to book an appointment. Come and meet us and see what we have to offer.
Alternatively, request a call back to have one of our people contact you at a time that suits.
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