We help make the financial side of getting a divorce as simple as possible, whilst retaining what you deserve.
Our international divorce lawyers regularly advise on cases involving complex international aspects.
The breakdown of a relationship can often be a difficult and emotional time. Our separation and divorce lawyers support and offer advice on pre-civil partnership agreements, post-civil partnership agreements, civil partnership dissolution, and finances when a civil partnership ends.
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At Austin Kemp, we’re here to help. Find out more about the divorce process, and other key information with our vast resource section.
Our industry-first Divorce Report combines numerous data sources and internal research, to bring you this specialist report.
Our expert divorce lawyers have listed questions which are commonly asked by our clients, to which we have provided an answer.
Our legal videos break down the complexity and jargon within our profession.
Our Legal Brochures detail the process for each area of Family Law. Download your brochure and learn more about what is involved in this complicated legal topic.
Our Legal Experts have written insights to help you navigate divorce and family law.
Thoroughly excellent service provided via Wikivorce. Was slightly apprehensive of how it would all work, especially at a distance. However, they were swift, efficient, immensely polite, accurate, and gave regular updates. I would recommend them to anyone.
Can't fault my experience in any way. Brilliant advice / available at short notice for any questions and most importantly swiftly achieved the desired result. Found Austin Kemp after feeling HCB Solicitors were not acting in my best interests and I was correct on all fronts - even including having an appreciation for the fact Divorce is already emotional situation. Also, rather than have to query every suggested next step and be charged for the pleasure; As I'd done a little research of my own and was able to challenge their advice - however we pay Solicitors for their expertise and need to put our trust in them. Austin Kemp thankfully achieved that for me during our first conversation I was already reassured they understood what I wanted and how best to achieve it. Resulting in 7-8 months less work and no court appearances as I had been previously advised by HCB. I THANK YOU DEARLY AUSTIN KEMP. I can start my life again earlier and with a healthier bank balance because of you!!!
Amazing service. For the first time in nearly two years I feel less in a spiral and more in control.
Thoroughly professional, straightforward, timely and reasonably priced. I would recommend this firm to anyone. Thank you Emma and Austen Kemp for a great service.
Thank you so much. You were great. I wasted so much time and money with my previous solicitors and only regret I did not contact you earlier. I have dropped a line to Paul to thank him for referring me to you. I hope you enjoyed the red I sent you as a token of our appreciation.
Austin Kemp provides a pragmatic and honest approach to the individual's journey through Family Law issues. They demonstrate a willingness and capacity to respond to challenging and unpredictable circumstances. The professional, yet personal, service is naturally client centred, but with a realistic and informed view of children's needs. And it has been heartening to have such a caring team walk beside me in the long journey.
I cannot recommend highly enough Austin Kemp as a strong, commercially intelligent and the most effective negotiators. Their negotiation skills are second to none. I have seen firsthand the excellent results this team achieves for their clients.
Just want to say thanks so much for everything. You have been brilliant and very patient. I always felt comfortable calling when asking to clarify certain points of the divorce.
I can honestly say that I am more than satisfied with the management of my case and of my then state of mind. I highly recommend this firm. Thank you.
Amandeep Kooner was not prepared to be swayed from a path of professionalism to accommodate my anxiety and frustration. He would not succumb to taking instructions tit for tat response. He ensured at all times that the response he gave reflected a dignified client with a pleasant demeanour. In so doing he demonstrated his commitment to protect and secure my interests and dignity off which I am most grateful.
Although he has a dual approached role which is business and a duty of care, Amandeep Kooner showed concerns for the level of expenditure that I had already put out with no resolve. His team contained the work to the minimum and produced the maximum results. My case was quickly progressed without compromising compassion and understanding.
Very professional service! Explained everything they were doing for my case every step of the way and really helped me to understand how we would proceed. Thank you!
Intellectually bright, hardworking and extremely professional - Amandeep Kooner took my case at it most difficult as I had come to the end of my ability to remain calm and patient. Up until I instructed Austin Kemp, I had lost all hope that any solicitor could convince me in pursuing a non-retaliatory approach as I was losing ground to allegations and fabrications. Tough, hardworking and extremely professional.
In this insight we look at the divorce process in England and Wales, and identify the various milestones of the this process.
In order to get a divorce, it is necessary to complete a divorce petition. This paperwork must then be filed with the family court, together with a copy of your marriage certificate. Once the petition is filed, the divorce proceedings have officially begun.
The person who files the divorce petition is known as the petitioner. The other party is known as the respondent.
Your solicitor may recommend that a draft copy of the divorce petition is sent to the respondent before submitting it to the court. Agreeing what is in the divorce petition beforehand may help to avoid any unnecessary delays further down the line.
However, in some instances, such as if there is an international element to your divorce, your solicitor may recommend that you do not inform your spouse that you intend to file for divorce. This is due to the fact that who files for divorce first (and in what country), could make a difference to how your divorce (and financial settlement) is handled.
Once the respondent has been served with the petition, the decree nisi can then be applied for.
The decree nisi is a document in the divorce process which confirms that you are able to end your marriage through a divorce. It will be pronounced in court once the grounds of the petition are accepted.
If your spouse contests the decree nisi, it will be necessary to go to court, where a judge will listen to your argument and decide whether or not the decree nisi should be granted.
After the decree nisi is granted, the court is then able to make an order with regards to your financial settlement.
Although not part of the divorce process itself, negotiations to reach a financial settlement will often run alongside the divorce process.
It is possible to apply for the decree absolute at least 6 weeks and 1 day after the decree nisi is pronounced. In reality, the timescale is often much longer than this, especially if there are complex international assets and investments involved in the negotiations for the financial settlement.
The length of the divorce process will depend on a number of factors. If the finances are relatively simple and an agreement about the financial settlement is reached quite early on, the whole process can be completed in around 4 to 6 months. However, sometimes, it can take significantly longer than this. A solicitor should be able to give you a better idea of what you could expect in your circumstances.
Under the Matrimonial Causes Act 1973, a party who wishes to commence the divorce process against their spouse would need to notify the Court that their marriage has irretrievably broken-down.
The party commencing the divorce process must remember that the parties have to be married for at least one year before they consider presenting their divorce petition to the Court. This One Year Rule is in place to discourage hasty decisions being made by the parties to end the marriage.
The Courts in England and Wales only have jurisdiction to entertain the divorce process if the Court has jurisdiction under Brussels II. Where no Court of a contracting member state has jurisdiction under that regulation and either party were domiciled or one of the parties is habitually resident in England and Wales on the date of when the divorce process began. The Court will allow the divorce process to be held in England and Wales.
To start the divorce process you must establish one of the five facts below:
1. Adultery the other party would have to be willing to agree that adultery has taken place;
2. Unreasonable behaviour of the other party;
3. The parties lived separate and apart for a period in excess of 2 years and both parties are in agreement to the divorce process;
4. The parties have lived separate and apart for a period in excess of 5 years and the consent of the other party is not required, and
Once you have made a decision on which one of the five facts you wish to proceed with, you will need to draft the divorce petition.
• Make sure you hold the original marriage certificate or an official copy.
• The party wishing to proceed with the divorce process will be known as the Petitioner and the other party i.e. your spouse will be identified as the Respondent.
• The Petitioner will need to complete an application for divorce, dissolution, judicial separation or separation order application (also known as a Form D8)
• Once the D8 has been completed. The Petitioner needs to file the D8 with the nearest Divorce Court.
• The Petitioner must file the D8 with sufficient copies for each party. With a Statement of Reconciliation (only if a solicitor is on Court record) and Court fee of £550.
• If you are on a low income, you may be entitled to a fee exemption, if so, you will need to complete a Fee Remission Form (Ex160) and file this with the D8.
• The Court will process the Divorce Petition and shall assign the parties with a case number.
• A copy of the Divorce Petition will be sent to the Respondent along with a Notice of Proceedings with an Acknowledgement of Service Form.
• The Respondent will have 7 days to return the Acknowledgement of Service Form informing the Court whether he/she wishes to either defend the divorce proceeding or is happy for the divorce to proceed undefended.
• In cases of an undefended divorce. The Petitioner will receive a photocopy of the Respondent’s completed Acknowledgement of Service Form. From here, the Petitioner will apply for the Decree Nisi.
• The Decree Nisi is an intermediary stage in the divorce procedure. It will be pronounced if both parties consent to the divorce and there is no reason for the Court to prohibit or delay the divorce.
In order to apply for Decree Nisi, the Petitioner needs to file the following documents to Court:
a) Application for Decree Nisi
b) Statement in Support for an application for Decree Nisi
• Once the Court has accepted the application for Decree Nisi, both the Petitioner and Respondent shall receive a Certificate of Entitlement. This document will confirm that you are entitled to a Decree Nisi and it shall inform both parties where and when the Decree Nisi will be pronounced and if the parties to the divorce process are required to attend. Ordinarily, the Decree is pronounced in open Court and the parties are not normally required to attend.
• The Court will confirm in writing once Decree Nisi has been pronounced.
• There is then a mandatory wait for a period of six weeks and one day before the Petitioner can apply for Decree Absolute, which will finally end your marriage.
• Both parties to the proceeding will receive a copy of the Decree Absolute.
Austin Kemp Solicitors are specialists in this area of law. We recommend that you try to settle your financial matters before applying for the Decree Absolute. You need to ensure your assets during the course of the marriage and after the divorce process are settled fairly.
Should you have any questions, please contact our office to arrange a consultation to discuss the prospects of your case.
Our expert family law solicitors can help you with a range of legal issues relating to the divorce process, including:
For more information call our divorce solicitors on 0845 862 5001 or email email@example.com.
Our expert family law solicitors offer a nationwide service. We have client meeting office facilities available, in order to have face-to-face client meetings / conferences as and when required in:
Leeds Office: St Andrew House, The Headrow, Leeds, LS1 5JW
Wakefield Office: Market Walk, Wakefield, WF1 1QR
Halifax Office: Old Lane, Halifax, HX3 5WP
Huddersfield Office: Northumberland Street Huddersfield, HD1 1RL
Coventry Office: Warwick Road, Coventry, CV1 2DY
Canary Wharf Office: 25 Canada Square, Canary Wharf, London, E14 5LB
Please contact us for more details.