Lorraine Harvey
Partner, Family Law
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For initial legal advice contact our Divorce Solicitors and we will help you.
A relationship breakdown is never easy, but choosing the right divorce solicitor can ease the process, reduce conflict, and lead to a better outcome for you.
You might believe that divorce always leads to court, but if you and your ex-partner agree on what you want after the divorce in terms of child arrangements, finances etc, then you likely won’t need to step foot in a courtroom.
During the divorce process, you'll need to decide what will happen to your money, property, and, most importantly, your children if you have any. Our Divorce Solicitors are here to help you make these decisions for the best possible outcome. We offer different ways to meet, including phone and video calls—whichever works best for you.
For initial legal advice get in touch with our Family Law and Divorce Solicitors. At Simpson Millar, we understand that every situation is unique. Our experienced divorce solicitors are here to guide you through the process, providing the support and expertise you need to make informed decisions.
Getting a divorce can be complicated, but it doesn’t have to be. At Simpson Millar, we aim to make the process as simple and quick as possible. Whether you and your ex agree or not, we’ll put you first and strive to settle things amicably. If we can avoid going to Court, we will.
We're rated‘Excellent’In the simplest form, divorce ends a marriage. Legally, divorce is a process which officially ends a marriage on paper. It allows both partners to move on with their lives separately. To file for divorce in the UK, one partner needs to apply to the court for the breakdown of the marriage. The partner who applies is called the petitioner, and the one who is being served is called the respondent. This process involves various steps to complete the divorce, including filing a petition, receiving a response from the other partner, and obtaining a conditional order followed by a final order.
Currently, you don’t need to provide a specific reason to get divorced anymore. This change comes from the introduction of the no-fault divorce system under the Divorce, Dissolution and Separation Act 2020, which took effect on April 6, 2022.
This replaced the old system where you had to prove the breakdown of your marriage with reasons like adultery or unreasonable behaviour. This often meant blaming your partner unless you waited two years. No-fault divorce still requires showing the marriage has broken down but no longer needs one person to blame the other. It also removes the option to contest the divorce, except in some specific legal cases.
Here’s what you need to know:
Whilst it’s possible to file a divorce without a divorce lawyer, having professional advice, support is highly recommended. Divorce can be complicated, involving legal documents with jargon, negotiations, and emotional decisions. They know the law well and can give you advice based on your situation to help you get the best outcome. Our divorce solicitors will handle your case with care and make sure your needs are met.
A divorce solicitor can help you:
Having an experience divorce solicitor from Simpson Millar can make a significant difference in the outcome of your divorce. Not to mention, it speeds things up for you too!
Choosing a good divorce solicitor offers numerous advantages:
Having a divorce solicitor from Simpson Millar can make the journey more manageable and less stressful, ultimately helping you achieve the best possible outcome.
Divorce doesn’t need to be complicated with a solicitor on your side. Here’s a detailed look at how divorce works in the UK:
Here are the key steps in the divorce application process:
Once the Final Order is issued by the court, both you and your former partner will be officially divorced and free to remarry.
Who starts the divorce process usually doesn’t matter, and you can apply jointly if you prefer.
The duration of the divorce process can vary. Generally, it takes around 6 months from the application to receiving the Final Order if everything goes smoothly. However, disputes over financial arrangements or child custody can extend this timeline.
The cost of a divorce depends on factors like solicitor fees. The basic court fee for applying is £593, but solicitor costs can vary. If you need mediation or other legal help, that will add to the total cost.
Court Fees
The fee to start a divorce in England and Wales is £593. Couples often share this cost, but if you have a low income, you might qualify for a reduced fee.
Solicitors' Fees
Solicitor fees vary and depend on several things:
We provide clear cost information from the start and offer a fixed-fee divorce option for couples who have already reached an agreement and want a straightforward process.
In most cases, attending court for a divorce is not necessary, as the process can typically be managed through paperwork and submissions. However, if disputes arise regarding financial arrangements or child custody, court appearances may become unavoidable.
At Simpson Millar, we are committed to helping you minimise conflict and navigate these sensitive discussions effectively. Our experienced solicitors focus on negotiation and mediation techniques to reach amicable agreements that suit all parties involved. By prioritising open communication and collaboration, we aim to resolve disputes outside of court whenever possible, allowing you to focus on moving forward with your life.
The division of family assets can be a tricky issue in any divorce. In the UK, there is no fixed formula, but the court typically considers several factors, including:
It’s often recommended to reach an agreement outside of court to reduce conflict and costs.
You may need a Divorce Financial Order, which is a Court Order that addresses the division of a couple's finances during a divorce. A Financial Order may cover the following:
The court aims to ensure that the split is fair, considering various factors like income, property, and the welfare of any children. The process is usually resolved with a Financial Order, and there are several types available depending on the situation:
Consent Order
A Consent Order formalises a financial settlement that both parties have agreed upon. Once approved by the court, it becomes legally binding, ensuring that no future claims can be made by either party.
Clean Break Order
This order is designed for couples who want to be financially independent of each other after the divorce. It dismisses all future financial claims, including after one partner's death. A Clean Break Order protects any future wealth or assets acquired post-divorce.
Pension Sharing Order
If one spouse has significantly higher pension savings, a Pension Sharing Order allows a portion of their pension to be transferred to the other spouse. This helps to equalise the financial position of both parties, especially if one spouse took time off work to care for children.
Freezing Order
Used in cases where there’s a concern that one spouse might try to hide or dispose of assets, a Freezing Order prevents them from moving assets out of reach during the divorce settlement negotiations.
Mesher Order
This order postpones the sale of the family home, usually until the youngest child reaches a certain age, at which point the house can be sold, and the proceeds split.
Enforcement Order
If a Financial Order is in place and one spouse fails to comply, an Enforcement Order ensures that the terms are met. It also allows the wronged party to recover legal costs from their ex-partner.
Variation of a Maintenance Order
If a spouse’s financial circumstances change, they can apply for a Variation of a Maintenance Order to either increase, decrease, or extend maintenance payments. This is useful if there are changes in income or living conditions.
Lump Sum Order
In cases where one spouse must pay a one-off sum, a Lump Sum Order can settle financial matters quickly. The payment may cover things like spousal maintenance or a share of property or pension.
Each of these orders helps ensure that both parties are treated fairly and that financial obligations are clear, legally binding, and, where appropriate, enforceable.
When children are involved, their welfare is the top priority. Here are some key points:
Our specialist children solicitors are here to help you reach an agreement quickly, reducing stress for your children.
Key issues to resolve include:
Our team can guide you through collaborative divorce or mediation to help you agree on these matters. The law encourages parents to resolve child arrangements themselves before involving the courts. If an agreement isn’t possible, we’ll support you through the court process, where a judge will issue a Child Arrangements Order—the modern term for what used to be called custody.
The courts aim to ensure both parents have a role in their children's upbringing where appropriate. We understand how sensitive these decisions are and will ensure your concerns are heard throughout the process. Some things you should talk about during the divorce process are:
Most divorces are uncontested, which makes the process faster and more affordable. Under the no-fault divorce system, respondents can no longer contest the divorce itself but can dispute the application. Contested divorces are rare, and even when they do occur, couples typically only need to attend two court hearings.
In England and Wales, the person who initiates the divorce is called the applicant (formerly the petitioner), while the other party is the respondent. The court sends the respondent a copy of the application along with an Acknowledgement of Service form. This form previously asked several questions, including whether the respondent intended to defend the divorce.
If your spouse filed for divorce or civil partnership dissolution on or after April 6, 2022, you could only contest it in rare legal situations, such as:
In contested divorces, the respondent must explain their reasons for opposing the divorce. After the application is served, they have seven business days to submit the Acknowledgement of Service to the court.
Both parties in a contested divorce are required to provide evidence to support their positions. A judge then decides whether the applicant is entitled to a divorce. In most cases, respondents indicate 'no,' allowing the divorce to proceed uncontested. However, if they respond 'yes,' the process becomes more complicated.
Alternative Dispute Resolution (ADR) offers effective ways to resolve issues arising from divorce without going to court. Two common forms of ADR are mediation and arbitration.
Mediation is a process where a neutral third party, known as a mediator, helps both spouses reach an agreement on various divorce-related issues, such as asset division, child custody, and support arrangements. The mediator facilitates discussions, encourages open communication, and helps both parties explore options to find mutually acceptable solutions.
Key points about mediation:
Mediation services can be provided by:
The cost of a divorce can vary significantly depending on several factors, such as complexity, legal fees, and whether the divorce is contested.
At Simpson Millar, we offer a No Fault Fixed Fee Divorce for just £600 (VAT included), plus the court fee. This fixed fee provides you with clarity and helps you budget for your divorce without unexpected expenses.
Understanding the total cost of your divorce is essential for effective budgeting. Our Fixed Fee Divorce provides you with the certainty you need to plan ahead.
Our team of Family Law and Divorce Solicitors will guide you through the entire process, using plain and easy-to-understand language. We’re committed to being by your side every step of the way.
We offer flexible appointment options, including telephone and video calls. With a Fixed Fee Divorce, you’ll receive:
Typically, each party pays their own legal fees. However, in some cases, the court may order one party to cover the other’s costs, particularly if there is a significant disparity in income or financial resources.
Our Divorce Solicitors charge an hourly rate fee. This rate will depend on the experience of the Solicitor or Lawyer working on your case.
The expertise needed in every divorce case is different and it really depends on the complexity of your situation.
A Divorce Lawyer can help you if your divorce is not contested or if you need a Financial Order. But for more complex divorces, such as those with properties abroad or high value assets, a Senior Divorce Solicitor or Partner would help you with your divorce.
We’ll talk to you openly and honestly about how much your legal costs will be so there’ll be no nasty surprises at the conclusion of your divorce.
A divorce financial settlement is an agreement that outlines how assets, debts, and financial responsibilities will be divided between you and your former partner. This can include property, savings, pensions, and any other shared financial interests. Reaching a fair settlement is needed for ensuring financial stability as you move forward after your divorce.
Making sure your finances are in order and your interests are protected is an important part of the divorce process. We can help you to do this.
You’ll need a Consent Order if you have property, money and debts to divide. Otherwise, a Clean Break Order will work. These legally binding Court Orders will make sure that your ex cannot claim any money from you in the future.
A divorce financial settlement will make sure that your interests are protected, both now and in the future. Any financial settlement needs to meet your needs. We can help you negotiate this settlement with your ex, so you don’t have to deal with them at all.
We can also help when things get more complicated such as a spouse refusing to provide financial disclosure, when assets need to be frozen or there are wealth or business protection issues.
Talk to us about:
Divorce is a subject people think they know a lot about, usually from stories through the grapevine. We hear about it all the time, perhaps from articles in the celeb gossip magazines or the experiences of our own friends and family. So we probably don’t ever doubt that we know how the divorce process works.
Our Divorce Solicitors know how difficult the divorce process can be on your mental health, but there are certain things you can do to reduce stress and replace it with positive thoughts and actions.
Getting a divorce in England and Wales is much more straight-forward than it ever has been, but it’s important to be careful of any pitfalls that may come with attempting to do a DIY divorce yourself.
No, the divorce process for same-sex marriages is the same as for opposite-sex marriages under current UK law. The same legal grounds for divorce apply, and the process is governed by the same legislation. Same-sex couples can also file for a no-fault divorce, which simplifies proceedings.
If you are experiencing violence or abuse, your safety is the top priority. You can seek help through organisations like Women's Aid or the National Domestic Violence Helpline. It’s crucial to document any incidents and consider applying for a non-molestation order or an occupation order to ensure your protection. Consult our solicitors who specialises in family law for guidance on your options.
A divorce application is a formal request to the court to dissolve your marriage. Under the current no-fault divorce system, you simply need to state that your marriage has irretrievably broken down. The application can be made individually (by one spouse) or jointly (by both spouses) and must be submitted to the relevant family court.
If your partner refuses to accept the divorce, you can still proceed with the application. They will receive a copy of the divorce application and an Acknowledgement of Service form, which they must complete. If they do not respond within a specified timeframe, you may proceed to apply for a Conditional Order without their consent.
A Conditional Order is the first step in the divorce process that indicates the court's agreement to dissolve the marriage, pending any financial matters or arrangements for children. Once granted, you will need to wait a minimum of six weeks before applying for the Final Order.
A Final Order is the legal document that officially ends your marriage. After the court issues the Final Order, you and your former partner are formally divorced and free to remarry. It is essential to obtain this document as it confirms the dissolution of your marriage.
A Financial Order is a court order that outlines how your financial assets and responsibilities will be divided following a divorce. This can cover property, pensions, savings, and debts. It’s important to formalize financial arrangements through a Financial Order to prevent future claims.
There is no automatic rule that the wife gets the house; the division of property is based on various factors, including the financial needs of both parties, any children involved, and contributions made during the marriage. Each case is unique and assessed on its own merits.
Yes – In fact, Simpson Millar offer a Collaborative Divorce service. One big benefit of using the same solicitor is that it reduces the overall divorce costs. Instead of paying fees for two separate lawyers, you only have one fixed price to pay, which often is shared between you to keep things fair.
No, your spouse’s lack of cooperation will not prevent the divorce from proceeding. You can still apply for a Conditional Order without their consent, if you follow the correct legal processes.
Yes, you can apply for a divorce in the UK if you were married abroad, if you meet the residency requirements. You must have been living in England or Wales for at least one year before filing for divorce.
If you've lost your marriage certificate, you can apply for a replacement through the General Register Office or the relevant local authority where your marriage took place. This document may be required for your divorce application.
Joint bank accounts will typically be frozen or closed during the divorce process to prevent either party from making unilateral withdrawals. Both parties will need to agree on how to split any joint savings or debts, which can be formalised through a Financial Order.
Yes, you can change your surname after the divorce is finalised. If you want to change your child’s surname, you typically need the consent of the other parent. If they refuse, you may need to seek permission from the court.
Yes, alternatives to divorce include separation or annulment. Legal separation allows you to live apart while remaining married, and annulment declares the marriage null and void. Each option has specific legal implications, so consulting a solicitor is advisable.
No, you do not have to get divorced if you prefer to separate. Legal separation can be an option if you want to remain married but live apart. However, only divorce will legally dissolve the marriage.
Property division during divorce is based on various factors, including the financial needs of both parties, contributions made during the marriage, and any children involved. It's essential to negotiate or obtain a Financial Order to finalise the division.
No, child custody is not automatically awarded to the mother. The court makes decisions based on the best interests of the child, considering factors like the child's relationship with each parent and their living arrangements.
During divorce, a financial order is typically issued to address the division of marital assets. Before this can take place, both parties must fully disclose their financial information to each other and the court. If you suspect your partner is concealing assets, it's important to gather evidence and seek legal advice from us. Sometimes, individuals going through a divorce may try to conceal or relocate assets. Common tactics include:
The courts have the authority to impose penalties if they find that assets have been hidden, including:
Yes, it is advisable to update your will after a divorce, as any provisions that include your former spouse will become invalid. Divorce does not cancel an existing Will, nor does it reinstate the Will you had before your marriage. Your existing Will remains valid; however, for inheritance purposes, your ex-partner is considered to have passed away as of the date your marriage or civil partnership was dissolved.
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