Divorce and Separation Lawyers

To start the divorce or the dissolution of the civil partnership, a petition has to be completed and issued by the court. The fee to start proceedings is currently £593 unless you are eligible for a fee remission (an application has to be made for this). This means you may not have to pay all or part of the court fee.

The court no longer needs to know what arrangements have been made for the children of the family. If there is an issue over the arrangements for the children, parents are expected to resolve these themselves. Preferably any problems will be resolved without the use of court, for example through mediation, but the court can be used when no other option is available.

Visit the Children page

Family breakdown is rarely limited to divorce, and the emotional and financial needs of the children and the parties need to be considered. Further details are provided in the Children, and Financial Settlement section.

Visit the Financial Settlement page

At Kerseys we understand not everyone is available between 9-5 Monday to Friday which is why we adopt a more flexible approach. Pre booked appointments can be arranged for after-hours.

Our family lawyers are all set up to work from home, so we are no longer constrained by appointments having to take place in the office between 9-5. We now offer appointments over the telephone and also via a number of video platforms. This added flexibility, means that your family lawyer can be on hand to help you at any time convenient to you.

If you are a member of the Police Federation, we offer:

1. FREE initial consultation at a day and time convenient to you, even after hours or at weekends

2. 10% off our fees for the duration of the matter (this offer also extends to our Residential Property department).

A judicial separation is a formal separation which is sanctioned by the court. It enables the court to make orders about the division of money and property, similar to the orders which can be made on divorce, without actually terminating the marriage.

Legal Proceedings are court based applications such as divorce, finances, children arrangements as well as Trusts of Land and Appointment of Trustee Act applications which cover unmarried couples with property disputes.

Yes, as long as it is correctly undertaken. We offer a Change of Name Deed service. If seeking to change a forename or surname of a child, both parents need to consent. Where consent is not given, a court application can be made to deal with this specific issue.

Pre and post nuptial agreements are yet to “bind” courts to their content should they be disputed. However there has been a raft of case law since the leading case of Radmacher in 2009 in which Courts are now attaching significant weight to their existence as long as the criteria for their formulation has been strictly adhered to. Ultimately however, a court will always consider the content of such an agreement when deciding financial relief cases.

Fair, acceptable settlement through negotiation is always the preferred solution, to save you stress and expense. If that’s not possible, then we will fight your case strongly through the courts.

We encourage you to gather as much relevant information and documentation as you can, in order to lessen your costs. Our initial advice will include assessing whether you can handle the case, or elements of it, yourself. It’s another potential way you can contain expense.

We prefer to give you a firm quotation of costs upfront. If that isn’t possible in your case, we will explain why.

Where applicable we offer a 45 minute fixed fee appointment in which we will provide you with bespoke legal advice which includes setting out your options on how to move forward our fee is £165.00 plus VAT (£198.00 in total) which also includes within the price the fee for Anti Money Laundering checks we have to perform. The fixed fee is payable in advance of the meeting. However, don’t worry if your meeting runs over, you will not be charged any additional fee.

Q. Can I get a divorce?
A. The answer is yes, if you have come to the decision your marriage has irretrievably broken down and you have been married for a year or longer. You cannot issue proceedings beforehand unless you believe your marriage is invalid or void.

Q. How long do I have to wait to get a divorce once my marriage has broken down?
Proceedings are issued using the “no fault” divorce process where there will not be the requirement to cite fault or wait a minimum of 2 years before you can issue proceedings. The process is at least 26 weeks long from inception through to completing the divorce although this usually takes longer if there are financial issues to resolve.

Q. Can my spouse defend the divorce?
A. Under the new process “no fault divorce” you can no longer defend a petition.

Q. Can I still seek costs
A. Yes, you can still seek costs from the other party but it is preferable to try to agree how the divorce proceedings will be paid and what contribution you both want to make to the process.

Q. When I get my Decree Absolute am I divorced?
A. The term Decree Absolute has been replaced by Final Divorce Order. It is the same as Decree Absolute and will finalise your divorce. It is an important document and you should keep it in a safe place. You will need to retain the Final Divorce Order if you want to remarry. It is also advisable to consider updating your Will at this stage if you have not done so already.

Q. What is a Consent Order? Do I need a Consent Order for my divorce?
A. Many spouses or civil partners who are separating may opt to try and negotiate a financial settlement without the benefit of legal or financial advice. Whilst it is entirely possible for ex-spouses or ex-civil partners to reach settlement terms without the assistance of a lawyer, it is a common misconception that once an agreement is reached and the divorce is finalised, all financial claims come to an end. However, a financial agreement is not legally binding until it is recorded in a formal Consent Order and approved by a Judge. Only at this point will the ex-spouses or ex-civil partners be legally “financially disconnected” from each other.

Many people choose DIY divorce to minimise intervention in their otherwise amicable divorce. However, it is important for the parties to realise that instructing a divorce solicitor does not mean they have failed at negotiating and doing so should not increase any tension or animosity. The opposite effect is actually more likely as the specialist divorce solicitor can provide advice and guidance on whether the settlement terms are fair and reasonable and more crucially, can then prepare the formal Consent Order required to bring financial claims to an end.

A Consent Order is a legally binding document drafted by a specialist family solicitor. When a Consent Order is filed at court, the parties must also file a Statement of Information (known as a D81 form), which provides the Judge with a snapshot of the parties’ financial circumstances. The Judge then cross-references this document against the Consent Order so he or she can determine whether the settlement terms reached is fair for both parties. It is important that the Consent Order is prepared by an experienced family solicitor as there are technical provisions needed within the document to make sure the parties get a full clean break from each other at the correct time.

It’s important to know that although the parties may be happy with the settlement terms reached, the Judge can refuse to make an order in the agreed terms. For example, if the judge feels that the settlement is unfair for either party because it does not meet needs of all involved, or the division of assets is too far in one parties’ favour without good reason. The judge will likely want a more detailed explanation from the parties as to why they have come to these particular settlement terms.

In such situations the Judge can:
• Request further information to clarify the situation
• Seek reassurance that each party remains happy with the agreement
• Request that the order is amended
• Refuse to make the order in its entirety.

Whilst it is rare that the court will refuse an order, it is possible. A more likely solution is that the court would work with the parties to amend the order, so that they are fully satisfied that the result will be fair. Judges are often more likely to approve a Consent Order when they are satisfied that both parties have received legal advice and are making informed decisions.

Q. Is it available?
A. Yes, the court has the power to make this order in certain circumstances where your spouse is required to assist you with meeting your day to day needs.

Q. Will it be paid for the rest of my life?
A. Spousal maintenance for life is not a default position as there is an expectation for the recipient to become, if possible, financial independent. However the level of maintenance and length of time someone receives it are all down to the individual case.

Q. Will I get it whilst my children are small?
A. Whether you are entitled to spousal maintenance will depend on a number of factors that are individual to your case.

Q. Do I need to get a job?
A. Whether you “need” to get a job will be something that is considered during any discussions concerning the financial issues pertinent to your case. There remains an expectation however, that if possible, you should look to make the transition to financial independence as soon as is practicable.