Deciding to end a marriage and begin divorce proceedings can be a difficult and emotional experience. It is often a time of significant uncertainty, and it is important to seek independent legal advice at an early stage so that you understand your position and the options available to you.

In England and Wales, divorce is now a no-fault process. This means you do not need to assign blame or rely on specific reasons such as adultery, unreasonable behaviour or periods of separation.

The only legal requirement is that the marriage has irretrievably broken down, which is confirmed by a statement within the divorce application. You are not required to provide evidence or prove fault to the court.
In most cases, a divorce cannot be opposed simply because one party does not agree with it. The court will generally allow the divorce to proceed provided the application has been completed correctly and the legal requirements have been met.

While the legal process itself is now more straightforward, resolving related matters such as finances and arrangements for children can be more complex, and legal advice can help you navigate these issues effectively.

The length of time it takes to get a divorce can vary from each case. Once the respondent has been served the petition then the decree nisi can be applied for and, as long as the grounds for divorce are accepted, the decree nisi can then be pronounced in court.

When the finances have been finalised, then a decree absolute can be applied for. When you have your decree absolute, you are officially divorced.

The decree absolute cannot be applied for less than 6 weeks and 1 day after the decree nisi has been pronounced in court.

If you or your spouse is a high net worth individual with international investments and pension funds then this process could take much longer, as your financial settlement will potentially be highly complex.

Austin Kemp’s experienced team of solicitors specialise in advising high net worth individuals through the divorce process.

Availability of court dates can also slow the process down, meaning that there is rarely only 6 weeks and 1 day between the decree nisi and the decree absolute.

From start (the matrimonial order application or petition) to finish (the decree absolute), divorces usually take around 6 months. This figure can vary greatly depending on the complexity of your situation including your finances and childcare arrangements.

Divorce can be an upsetting and highly stressful time and emotions can often run high. If you feel that you and your partner are able to negotiate the terms of your divorce settlement yourselves, without the help of a solicitor, then you are of course able to do this.

Some couples, however, find that it helps if someone else can negotiate for them, as negotiations between themselves involve highly charged emotions and can often end in arguments.

If you do decide to negotiate between yourselves it is always a good idea to have a meeting with a specialist solicitor, such as Austin Kemp, so that you fully understand your legal rights and what you could expect in a divorce settlement.

It also enables you to make sure that you’re doing everything correctly so that no claims can be made against you by your ex-spouse in the future. Instructing a solicitor to negotiate on your behalf could relieve some of the pressure in this already stressful time.

Legal advice is even more important if you or your spouse are high net worth individuals with international assets and pension funds. Austin Kemp can advise you on how to proceed and, if necessary, can advise you on any proceedings in international courts.

The cost of the divorce itself is usually quite small compared to what it can cost to separate your finances.

If your spouse contests the petition this could increase the cost of your divorce proceedings. However, this is not especially common.

Potentially, where most of your costs will lie is in the separation of your finances. Sometimes it is possible to agree your finances with your spouse relatively quickly and therefore your costs will be quite small.

This can be done between yourselves, through solicitors or through some form of mediation. However, if you cannot agree and end up going to court then your costs can rise rapidly.

You can only go to court to resolve your finances once the divorce petition has been issued. Both parties will need to make a full disclosure of their financial situation.

Usually, up to three hearings will take place: the First Directions Appointment, the Financial Dispute Resolution and then the final hearing.

The purpose of the first hearing is to decide if you or your spouse need any further information, or if the court needs any further information, before the negotiations can begin.

At the second hearing (the FDR) the judge indicates what they think is fair and both parties are encouraged to reach an agreement. Most cases are settled at this stage.

If both parties cannot agree then the final hearing will take place and the judge will give the final order after both parties have given their evidence.

It is worth noting that what is seen as fair in one case may not be fair in another and, although the judge must take into account the factors in Section 25 of the Matrimonial Causes Act 1973, it is case law that provides guidance on the interpretation on this.

Both you and your spouse can claim for income, capital and pension provision. The more complex your financial situation the more lengthy the process can be and the more the costs can rise.

It’s a huge help when you’re getting a divorce to understand your rights. You may feel that you and your spouse could administer the divorce proceedings yourselves and in England and Wales the law does allow you to do this.

Most people see this as a way to save money by not paying solicitors.

However, by not getting legal advice as to your rights and what you could expect your divorce settlement to look like, it could actually end up costing you more money.

With specialist legal advice you are able to effectively negotiate with your partner, whether you choose to negotiate the terms between yourselves or involve a mediator.

This can help to make you feel more confident and in control in what is an emotional and unsettling time. Even if you choose not to take the advice you received from a solicitor it will give you a better understanding of, for example, what you are entitled to with regards to maintenance payments.

Administering a divorce entirely alone and without the advice of a solicitor can also result in problems in years to come if finances haven’t been settled properly.

If you or your spouse are high net worth individuals with complex finances then legal advice is even more important, so that you get the settlement that you’re entitled to.