Divorce and Separation

Our divorce solicitors provide expert, straightforward and compassionate advice in any matter pertaining to divorce law.

More about Divorce and Separation

Our team of experienced divorce lawyers has the knowledge and expertise to handle all aspects of the divorce proceedings with professionalism and sensitivity. Forbes Solicitors's divorce law solicitors provide a range of divorce services to help protect your interests during this challenging time. Our divorce solicitors understand that divorce can be a difficult and emotional time, which is why our team is committed to offering support and guidance every step of the way. Our goal is to help you navigate the legal process with confidence, and to protect your interests throughout the proceedings.

What is Divorce Law?

What is Divorce Law?

Divorce law is the area of law that governs the legal process of ending a marriage. In the UK, divorce law is governed by the Matrimonial Causes Act 1973, which sets out the grounds for divorce and the procedures that must be followed. Divorce law also deals with issues such as property division, child arrangements, and support payments.

Forbes Solicitors offer confidential, comprehensive legal advice. Our divorce and family law solicitors have years of experience in their field and so have the complex legal knowledge required to confidently and accurately advise you on your particular case.

We will be able to advise you on whether you are able to apply for a divorce. Our team of expert solicitors can explain how a divorce could affect you financially or in terms of child arrangements or property. All of these factors will help you decide if divorce is the best or right option for you to take, and we can offer information on other choices such as mediation and separation.

If there are factors such as the physical or sexual abuse of you or your children, we can advise you on how to proceed safely and what routes, including Legal Aid, are open to you. We would also be able to offer advice on how we could help keep you and your children safe during the divorce proceedings.

Our specialist Divorce Law solicitors are here to help you through all legal issues regarding Divorce Law in a sympathetic and caring manner; working together we can establish the best course of action for yourself.

How Much does a Divorce Cost

How Much does a Divorce Cost

Not all cases are as straightforward as some would like, but the expert solicitors at Forbes understand the need to keep costs to a minimum and reduce the strain on families and children.

We offer our private paying clients the option of our tailored service or, for more straightforward cases, a fixed fee service.

Our fixed fee divorce lawyers have several fixed-fee packages that include financial matters. We also offer advice on all areas for those who qualify for Legal Aid.

If you cannot reach an agreement about money, the children and so on, the cost will be greater. Our Divorce Solicitors will encourage you to try and reach an agreement wherever possible. Family Law Solicitors are obliged to give you information at regular intervals about how much the costs are. Legal Aid may be available, but usually, you have to pay back your costs to the Legal Services Commission.

For more information, please visit our divorce solicitors or call us for a consultation on freephone 0800 689 1058 or contact us by email.

Get Clear Advice on Your Divorce Options

Divorce and Separation FAQs

How to get a divorce?

To get a divorce you need to have been married for at least one year, confirm the marriage has irretrievably broken down and have a legally recognised marriage. You will need to complete a divorce application on the online portal and pay the court fee currently at £593. You will then need to apply for a conditional order and final order at appropriate stages in the court process.

Call our divorce solicitors on freephone 0800 689 1058 or contact us online.

Is it best to use a solicitor for a divorce?

It is not mandatory to use a solicitor for a divorce, but in many cases it is advisable. A solicitor can provide legal advice, ensure paperwork is completed correctly, and help protect your interests, particularly where finances, property, or children are involved.

Some couples choose to handle their divorce themselves or use mediation, which can be more cost-effective and suitable for amicable situations. However, without legal guidance, you may have unrealistic expectations about outcomes, particularly regarding financial settlements.

Ultimately, whether it is 'best' to use a solicitor depends on your circumstances, but professional advice can help you reach a fair agreement and avoid costly mistakes.

For more information, please call our divorce solicitors on 0800 689 1058 or contact us online.

What type of solicitor do you need for a divorce?

You need a family law solicitor for a divorce. They specialise in legal issues related to family matters, including divorce, child arrangements, and financial settlements.

What is the process for getting a divorce?

You can get a divorce if you have been married for over a year, your relationship has permanently broken down and your marriage is legally recognised in the UK (including same sex marriage). You will need to make an application for divorce with a certified copy of your marriage certificate. The application is made on the court portal and the application can be made jointly with your spouse.

How long does the divorce process take?

The length of the divorce process can vary depending on the complexity of the case and whether both parties agree on the terms of the divorce. On average, it takes around 6-9 months to obtain a final order in divorce. However, it can take longer if there are disputes over finances or child arrangements.

What is the ground for divorce?

Your marriage needs to have irretrievably broken down.

Can I get a divorce if my spouse doesn’t want one?

Yes, you can still get a divorce even if your spouse doesn't want one. You would need to ensure the papers are served on your spouse or, in certain circumstances, an application can be made to dispense with the need for service of papers at the Court's discretion.

How much does a divorce cost?

The cost of a divorce can vary depending on the complexity of the case and whether or not it is contested. The court fee for filing a divorce petition is currently £593. Additional costs may include legal fees, mediation fees, and court fees for any hearings. The total cost of a divorce can range from a few hundred pounds to several thousand pounds.

What is the difference between a contested and uncontested divorce?

A contested divorce is where one party disagrees that the marriage has irretrievably broken down and wishes to defend the divorce. This would lead to a court hearing and a trial. An uncontested divorce is where both parties agree to the divorce and the process proceeds by way of agreement.

Can I get a divorce if my spouse doesn't want one?

It is possible to get a divorce, even if one spouse does not want one. Legal advice would be needed. If they are served with papers, the application may proceed. If they cannot be served, the court can be asked to dispense with service.

If they choose to defend the divorce, there is a process for the court dealing with that.

What happens to our assets and property during a divorce?

Assets and property are divided fairly between both parties during a divorce. This includes any jointly owned property, savings, investments, and pensions. The court will consider factors such as the length of the marriage, the financial needs of each party, and any contributions made by either party. It is important to seek legal advice to ensure a fair division of assets and property.

What is the process for dividing assets in a divorce?

The process for dividing assets in a divorce involves identifying all assets and liabilities, including property, savings, pensions, and debts. The Court will consider various factors, such as the length of the marriage, the financial needs of each party, and the contributions made by each party. The Court will then make a decision on how to divide the assets fairly between the parties. This may involve selling assets, transferring ownership, or awarding a lump sum payment.

Who gets the house in a divorce?

The division of assets in a divorce is based on the principle of fairness. This means that the house may be awarded to one spouse or sold and the proceeds divided between them, depending on factors such as the length of the marriage, the financial needs of each spouse, and the contributions made by each spouse to the marriage. There is no automatic entitlement to the house for either spouse.

Who gets custody of a child in a divorce in the UK?

The term custody is no longer used as a legal term and has been replaced by the term child arrangements. The welfare of the child is the most important consideration when making a decision on child arrangements. Both parents have equal rights to apply for a child arrangement order, and the court will consider factors such as the child's wishes, their relationship with each parent, and their overall wellbeing. In some cases, a joint arrangement may be awarded, while in others, one parent may be granted sole parental responsibility.

For more information see Children's Law or call our Family Solicitors on freephone 0800 689 1058 or contact us online.

How are child arrangements and support determined in a divorce?

Child arrangements and support are determined based on the best interests of the child. The court will consider factors such as the child's age, health, and relationship with each parent. The court may also consider the parents' ability to provide for the child financially and emotionally. Child support is typically calculated based on the non-resident parent's income and the number of children involved.

What happens to a pension in divorce?

A pension can be considered a marital asset and may be subject to division in a divorce settlement. The court may order a pension sharing order, where a portion of the pension is transferred to the other spouse's pension scheme, or a pension attachment order, where the other spouse receives a portion of the pension payments when the pension holder starts receiving them. The exact division will depend on the individual circumstances of the case.

Please contact our family law or divorce solicitors for more information. Call freephone 0800 689 1058 or contact us online.

How do I go about changing my name after divorce?

To change your name after divorce you need to obtain a deed poll/change of name document. This legal document allows you to change your name and must be signed and witnessed. You can then use this document to update your name on official documents such as your passport, driving licence, and bank accounts.

How long does a divorce take in the UK?

The length of time it takes to get a divorce varies depending on the complexity of the case and whether both parties agree on the terms. On average, it takes around 6-9 months to obtain a divorce. However, it can take longer if there are disputes over finances, property, or child arrangements.

Can I change my mind about the divorce after it's been filed?

Yes, it's possible to change your mind about the divorce after it has been filed. You have the option to withdraw your divorce application at any time before the final order is granted. However, if your spouse has already filed a response to the application, they will need to agree to the application being withdrawn and you will need the permission of the court.

What should I do if I'm considering divorce but don't know where to start?

If you are considering divorce but don't know where to start, you should seek legal advice from a solicitor who specialises in family law. They can guide you through the process and advise you on your rights and options. you must have been married for at least one year before you can apply for a divorce, and you will need to provide evidence of irretrievable breakdown of the marriage.

Our dedicated Family/Divorce team

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Partner and Head of Department, Family/Divorce

Rubina Vohra

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Partner Advocate, Family/Divorce

Helen Shirbon

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Partner, Family/Divorce

Gill Carr

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Senior Associate, Family/Divorce

Nicola Rushton

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