Divorce & dissolution

Whether you are the one who has made the decision to end a marriage or dissolve a civil partnership, or your partner has told you they would like to separate, or you come to a joint decision, you will likely be dealing with conflicting emotions and have a number of concerns and questions.

Appointing a family lawyer can help make the process easier. Our family lawyers will work closely with you to understand your unique situation and priorities, and will not only offer professional legal support, but will handle your wishes and intentions with compassion and respect, doing their best to alleviate any stress through what can be a difficult time.

Our team can help guide you through the process, offering practical, straight forward advice on matters such as:

• The divorce and dissolution process
• Financial claims on divorce, to include claims over property, pensions and claims for maintenance
• Business assets
• International divorce/dissolution and dealing with assets abroad
• Divorce/dissolution in later life
• Child arrangements
• Divorce/dissolution where there is a prenuptial or postnuptial agreement.

Our team will explain the different ways of trying to resolve the matters arising from a divorce or dissolution and what may be the most appropriate way forward for you, to include mediation, collaborative law, arbitration or one couple, one lawyer.

Our family team also regularly assist clients with any issues arising after a divorce or dissolution takes place in relation to the implementation of a financial settlement or the enforcement or variation of financial settlements.

Wherever possible our family lawyers will try and help you resolve issues without the need for court proceedings. All our team are members of Resolution and are therefore committed to resolving family law matters constructively. However, in some cases it is necessary to make use of the family court and our team will provide advice as to whether a court application is in your best interests. We have extensive experience of guiding clients through the court process, as well as strong relationships with specialist family law barristers, mediators, forensic accountants, pension experts, counsellors and therapists.

As a full service law firm, we can also draw on expertise from colleagues in our Wills, Estate & Tax Planning team to help with updating your will and estate planning after a divorce.

Can I apply for a divorce or dissolution of my marriage or civil partnership?

If you have been married for at least 12 months, the answer is ‘yes’.

On 6 April 2022, the law in relation to divorce/dissolution changed so that it is no longer necessary to attribute fault and cite adultery or unreasonable behaviour, or wait to have been separated for 2 years. All divorce applications are now based solely on the fact that a marriage or civil partnership has irretrievably broken down. Couples can now also make a joint application for divorce or dissolution should they choose to.

That being said, our family lawyers understand that the circumstances surrounding the breakdown of your relationship are important to you and may impact how you wish to deal with other matters concerning the breakdown of the relationship, and so they will listen and advise accordingly where concerns are raised, for example in relation to abusive or narcissistic behaviours.

How long does a divorce/dissolution take?

The divorce/dissolution process will take at least 26 weeks from the date that the application is issued. The timescale can vary depending on the level of co-operation from the responding spouse/civil partner, delay caused by the court and how long it takes to conclude financial arrangements.

A divorce/dissolution is only one aspect in the process of ending a marriage or civil partnership. There are generally three strands to consider, which are handled independently of each other, which are the divorce, child arrangements and financial settlements.

If you wish to file an online divorce petition without instructing a lawyer, you can use the government website www.gov.uk. You will need to pay the court fee, which is currently £593 for a divorce application made online. Alternatively, our team of family lawyers will be able to deal with this process on your behalf.

What do I need to think about ahead of my first meeting with a divorce lawyer?

It can be daunting to meet with a lawyer to discuss the end of a relationship or difficulties with arrangements for children or domestic abuse. These are all emotive subjects and discussing them with a stranger may feel overwhelming.

It is sensible to make notes ahead of the meeting, as this will help you to remember any questions you specifically want answered. It may also be helpful to have prepared a summary of any financial information or other important details. You might also want to bring a trusted third party with you to the meeting for support and as another pair of ears.

Family-related legal issues can often be emotionally challenging and complex. Our team are experts in dealing with these matters and are here to guide and support you every step of the way. Our family and divorce lawyers help client across Kent, London and the South East. We advise on a full range of family legal services, from divorce/dissolution and related financial settlements to the arrangements for children and associated children matters. We also advise unmarried couples on the breakdown of their relationships.

We have particularly extensive experience in supporting high net worth individuals, dealing with matters involving complex asset structures and international elements. We help clients put in place nuptial or living together agreements, and advise on steps that need to be taken to protect our clients in need of or responding to injunctions.

Our team of family lawyers are legal professionals who are renowned for offering practical, clear and common sense advice and for providing compassion, empathy and a steadying hand in even the most unusual and complex of circumstances.

Our expert family and divorce lawyers in Kent are leaders in their field and our Family department is regularly recognised in rankings such as The Times’ ‘Top Law Firms’, Spear’s 500 Family Law Index and ePrivate Client’s Top Family Law Firms. We are also ranked as Band One in the Chambers legal directory and as Top Tier in the Legal 500.