Divorce

If you are going through marriage problems, you will understandably feel that this is a difficult and life changing time for you. If you are uncertain about the future of your marriage or civil partnership, it could benefit you to seek legal advice as soon as possible.

The Family Law team at Fraser Dawbarns are here to support you through this process.

It is worth bearing in mind that not every relationship breakdown will end in divorce. Many couples can save their relationship, and we can advise you of organisations that can help you and how to contact them.

Sadly, some relationships can’t be saved and the only way you can get a divorce is through legal channels. Depending on how complicated your circumstances are you may not need to go to Court to get a divorce.

Getting a Divorce

If you have decided to get a divorce, you will likely be unsure about what will happen to your children, property and finances as well as how much it will cost. Fraser Dawbarns will help you to understand the process by answering your questions and explaining your options.

No Fault Divorce

Following the Divorce Dissolution and Separation Act 2020, the No-Fault Divorce system was introduced in England and Wales on 6th April 2022. There is no longer a requirement to prove adultery, unreasonable behaviour, desertion, two years separation with consent or five years separation, and it is now no longer possible to get a divorce on one of these five grounds. The law was introduced to reduce conflict by removing the need for a ‘guilty’ party where now the only ground for divorce is irretrievable breakdown of marriage, which for the first time, divorcing spouses can jointly apply together. The changes also mean that it is no longer possible to defend a divorce (except for some very limited circumstances based on jurisdiction).

How Long Will it take to get a divorce?

It takes at least six months to get a divorce. It is not possible to apply for the Conditional Order (Decree Nisi) until 20 weeks after issuing the proceedings and you cannot apply for the Final Order (Decree Absolute) until six weeks after the Conditional Order. Generally, it is advisable not to apply for the Final Order until all financial issues have been resolved.

Why do I need a solicitor for my divorce?

A divorce does not end financial claims. To ensure that neither party has a further financial claim on the other, a Clean Break Order must be obtained through a separate application to the court.

We often see when a relationship breaks down that most people try and deal with matters by agreement. They often have the misconception that instructing a solicitor will be expensive and that the solicitor will make the situation worse. They believe it is more amicable and preferable to reach an agreement without involving a solicitor. However, these agreements are not legally binding, whether this be arrangements for the children, finances, or the family home.

We strongly recommend taking legal advice at a very early stage of the relationship breakdown. With a range of flexible and transparent payment schemes, you can have the confidence to seek professional advice without the fear of being faced with large legal fees.

Seeking legal advice guarantees that a fair resolution and a Clean Break Order are reached. This ensures that neither party are left financially worse off nor have a case for a claim in the future, as all agreements are legally binding. We are here to represent your best interests, giving you total peace of mind.

Support and Guidance Through the Divorce Process

Most people seeking a divorce will need some kind of legal help. Our team can provide you with guidance and help you to formalise a financial agreement that protects you against future claims. We can help you with your paperwork and guide you toward a reasonable settlement.

In the majority of cases, you and your partner will reach a mutual agreement without having to go to Court for a contested hearing. Our Family Law team will take the time to understand your needs and help you reach a fair agreement that works for you, your partner and your children.

Fixed Fee Divorce

At Fraser Dawbarns, we understand that clients going through a divorce have enough to deal with without also having to worry about costs.

To give you total peace of mind, we have developed a fixed fee divorce package so you will know exactly how much things will cost before they proceed. This package costs £670 excluding VAT and Court Fees (currently at £612)

Included in the Fixed Fee Package is:

An initial consultation with one of our specialist family lawyers who will be dedicated to your case
Advice on your legal rights and your options
Preparation of all the required papers and applications
Correspondence and negotiation with your ex-spouse or civil partner, their solicitor and the Court
Reporting to you and providing telephone support throughout the process

The Fixed Fee Package Does Not Include:

Work that arises if the petition is defended or needs to be changed once it has been issued by the Court
Cost of obtaining a replacement marriage certificate if you have lost the original
Advice regarding financial issues
Advice regarding children

Frequently Asked Questions about Divorce

In relation to the divorce itself, we offer a fixed fee of £670.00 plus vat. There is also a Court fee of £612.00. We also charge £13.20 plus vat for verifying your identity. Please note, this does not include any work relating to children or financial matters.

Yes, the new law has no requirement to prove fault in a divorce. Previously you had to allege e.g. adultery or unreasonable behaviour of the other party to obtain a divorce. This lead to amicable divorces becoming acrimonious. The divorce is now much more of a process, rather than to do with pointing the finger or trying to assess who is responsible for the breakdown. This allows separating couples to concentrate on more important issues such as the arrangements for the children or financial matters.

Yes, you do. The actual divorce process does not consider the arrangements for the children or financial matters. Even if you have an agreement in relation to these issues you should still take legal advice. Please see case studies setting out why you may be at a disadvantage if you do not take legal advice following a relationship breakdown.

Yes – otherwise your ex may be able to make claims against your property and other assets in the future even if they are in your sole name.

No, under the new rules there is one ground for divorce and that is irretrievable breakdown of marriage. The applicant (previously petitioner) proves the marriage has broken down irretrievably by signing a statement to that effect. There is no longer a requirement to separate for 2 years with consent, prove adultery, prove unreasonable behaviour, or separate for 5 years.

No, under the new rules there is one ground for divorce and that is irretrievable breakdown of marriage. The applicant (previously petitioner) proves the marriage has broken down irretrievably by signing a statement to that effect. There is no longer a requirement to prove adultery, prove unreasonable behaviour, separate for 2 years with consent, or separate for 5 years.

No, under the new rules there is one ground for divorce and that is irretrievable breakdown of marriage. The applicant (previously petitioner) proves the marriage has broken down irretrievably by signing a statement to that effect. There is no longer a requirement to prove unreasonable behaviour, prove adultery, separate for 2 years with consent or separate for 5 years.

It is now not possible to ask the Court to order the other spouse to pay your divorce costs unless there are exceptional circumstances, in which case the applicant would need to make a formal application for a costs order and pay a Court fee.

No unless there are any issues in relation to jurisdiction. Under the old rules it was possible to defend a divorce by disproving allegations of adultery or unreasonable behaviour. This is no longer an option.

Yes, if the respondent does not acknowledge the proceedings, you can arrange to have them personally served with the Divorce Application and the Process Server will file a signed statement with the Court, confirming the respondent has received the documents. There may be other options, for example if the respondent has disappeared but specialist advice would be required if that is the case.

No, the terminology has changed. Instead of petitioner and respondent we now have applicant and respondent. Instead of a petition, we have a Divorce Application. Decree Nisi becomes Conditional Order and Decree Absolute becomes Final Divorce Order.

Under the new rules, the divorce will take at least 6 months. It is not possible to apply for the Conditional Order (Decree Nisi) until 20 weeks after the proceedings have been issued. At that point you can apply for the Conditional Order and 6 weeks later you can apply for the Final Order. Generally, we attempt to agree financial matters and the arrangements for the children during the 6 month period.

This should be undertaken as soon as possible from the outset of the case to ensure that your intended beneficiaries are provided for in the event of your death prior to the divorce taking place. You should also seek advice regarding ownership of any property held with your spouse.

Related Services

Separation

If you are in an unhappy marriage or you feel that your relationship is breaking down, you may be considering separation. If you are not ready to divorce your partner, you could consider a separation agreement. This sets boundaries about who will live in the family home, who will look after the children and how much maintenance will be paid. The Family Law team at Fraser Dawbarns can help you with separation agreements, judicial separation as well as the possibility of divorce in the future. If you have questions about any aspect of separation then we can help. Although the answer might not always be black and white, our specialist solicitors can help with your situation and advise on the legal implications of separation.

Unmarried Couples

It is widely believed that a couple who lives together for a significant length of time gain similar legal rights to a married couple, but this is a myth. The legal rights affecting a relationship breakdown in these situations is very different. Unmarried couples have no claim against the other for maintenance or pension sharing. This is regardless of how long they were together, or whether one was the breadwinner and the other raised the children. If you have joint finances, property or children together, finding out that you don’t have the same rights as a spouse can add stress to the break up. It is as important to seek legal advice in these situations as it is for people considering divorce.

Why Choose Fraser Dawbarns to Help You?

We Help to minimise Family Conflict

At Fraser Dawbarns, our Family lawyers have considerable experience in divorce cases. Our dedicated team will help you get through this emotional and stressful time. We take a collaborative approach to achieve this with minimal conflict and acrimony. We will help you to reach a fair solution on any issues that arise involving children, property and money.

Our Family Law team will keep you informed at each step in the process so you know what is happening and what steps you need to take next. Fraser Dawbarns is one of the largest and most well-established firms in the region. We have members of our Family Law team at each of the firm’s offices in Wisbech, King’s Lynn, Downham Market, March and Ely.

Pricing Options

In more complex cases that are beyond the scope of the fixed fee service, we offer a choice of pricing options to our clients. By offering the choice between undertaking work on either a fixed fee basis or at an hourly rate, we give you the freedom to select the pricing option that best suits your needs. Please contact us to find out more.

Giving you Total peace of Mind

We offer our clients the expert and comprehensive legal advice that they are entitled to expect. We also provide our clients with support, a sympathetic ear and peace of mind during what is a very difficult and emotional time.