The court system in England and Wales is an adversarial system, meaning that parties become two opposing sides, presenting their case to a judge for a decision. This approach can, unfortunately, create or amplify conflict, lead to expensive legal costs on both sides, as well as heavy emotional cost.  

Divorce is a concept almost everyone is familiar with but we are commonly asked ‘what is divorce’ and ‘how do I get divorced?’.

The Ministry of Justice has announced changes to Court fees scheduled for May this year.  172 Court fees are going to increase, but how will this affect the fee for the application for divorce?

The end of a marriage is a difficult time for all, even moreso when you own a home. Understandably, one of the main questions faced by Family lawyers is ‘Can I stay in my home once we have divorced?’ This is particularly the case if you have young children living with you.

In 2022, we saw an overhaul of the divorce process, which saw the end of “fault-based” divorces, so that neither party could blame the other for the end of the marriage. It was hoped the new terms would remove outdated phrases and simplify the different stages and the process.

It is a common misconception that when you divorce, the financial links you have with your spouse come to an end. Until you have a Financial Order, either by consent or at the end of Court proceedings, you remain financially linked to your former spouse. You do not have to have a lawyer to assist you but not using one could mean that you end up with unresolved financial claims or a Financial Order that does not do what you thought.

The short answer is no, you do not. It has never been a legal requirement to instruct a solicitor to be divorced and many people do complete the process without a lawyer.

Whilst it may not be possible to have a ‘good’ divorce, it is certainly possible to have a bad one. Fortunately, there are steps that both parties can take to make the divorce and separation process as painless and as amicable as possible.

It is not unusual for clients to tell us that, since separating from their spouse, they have met someone else and have started a new relationship. Parties cannot put their life on hold while the divorce process is underway, but it is important that the implications of being in a new relationship are understood.

If you or your spouse own a business whether in a sole name or in joint names, it is likely to form a key part of financial proceedings should the two of you separate.

For the first time ever, journalists will now be allowed to attend and report on cases in the Family Courts in a new pilot scheme covering specific cases in Leeds, Carlisle and Cardiff. The pilot scheme started on 30 January 2023 and only accredited journalists and legal bloggers will be allowed to attend and report on family cases.

On 6th April 2022, the Divorce, Dissolution and Separation Act 2020 came into effect. This is more commonly known as no fault divorce.

Whilst it may not be possible to have a ‘good’ divorce, it is certainly possible to have a bad one. Fortunately, there are steps that both parties can take to make the divorce and separation process as painless and as amicable as possible.

We understand the Divorce process can be confusing. From a lawyer’s perspective, the process is very procedural and can be navigated easily. However, it is not always the same for those going through a divorce. We have produced a flowchart that guides you through the steps.

Whilst it may not be possible to have a ‘good’ divorce, it is certainly possible to have a bad one. Fortunately, there are things that both parties can do to make the process as painless and amicable as possible. One of these is known as Collaborative Law.

We were delighted that Jennifer Thorne has agreed to write an article for us. For many people, getting life back on track following a divorce can be a difficult process to follow.