Divorce Solicitors | Divorce & Separation | Austin Kemp

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Divorce & Family Law

Divorce is tough. We’re here to help you untangle the knots and provide you with a clear direction.

National Presence With 37 Offices

National Presence With 37 Offices

Legal 500
Leading Firm 2024

Legal 500
Leading Firm 2024

Experts in Divorce & Family Law

Divorce and separation can often feel like difficult, drawn-out processes for those involved, with several legal complexities making what is already an emotionally challenging time more difficult.

During the divorce or separation process, divorce lawyers can help to make the experience easier by providing answers to your questions, expert knowledge, and helping you come to solutions that work best for you, and your family. Not only are there emotional repercussions to consider, but there are also important financial settlements, property settlements, child support, and possession agreements to consider.

Obtaining legal advice for your divorce or separation as early on as possible is especially important for securing a fair and beneficial agreement.

How It Works

The divorce process

We'll be by your side every step of the process.

Stage 1

The first step in getting a divorce involves the Applicant filing their application, their original marriage certificate and the Court fee (unless exempt) with a designated Family Court. It is possible for both spouses to file a joint application at the Court where there is agreement that the marriage has irretrievably broken down. In this scenario, the parties are described as Applicant 1 and Applicant 2.

Stage 2

The Court then issues the application and sends a sealed copy of the papers to the Applicant or their solicitor and the person who the Applicant is divorcing (that is the Respondent). It is possible for the Applicant to apply to the Court for service by email if the Respondent’s address is not known.

Stage 3

If the Respondent wishes to defend the divorce, then he or she must notify the Court within 7 days of receipt of the Application and file their defence (known as their Answer) within 21 days of their notice of intention to defend. A divorce application can only (from 6 April 2022) be defended because: The validity of the marriage is challenged; or The Respondent’s position is that the Family Court in England and Wales has no jurisdiction (legal ability) to deal with the application.

Stage 4

Unless defended, 20 weeks after the issue of the application for divorce, the Applicant can apply for the Conditional Order (this is the Court’s recognition that the marriage has irretrievably broken down)

Stage 5

Six weeks after the making of the Conditional Order, the Applicant can then apply for the Final Order, and it is this order that finally dissolves the marriage.

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AK Insights

Divorce & Family Law Advice

Considering appealing a Family Court Order? Understand the process, time limits, and requirements. Learn about obtaining permission to appeal, valid reasons for an appeal, the filing procedure, and the powers of the Appeal Court.
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Considering appealing a Family Court Order? Understand the process, time limits, and requirements. Learn about obtaining permission to appeal, valid reasons for an appeal, the filing procedure, and the powers of the Appeal Court.
02/06/23

Are you considering appealing a Court Order made in the Family Court?

If you're considering appealing a Family Court Order, it's important to understand...

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25/12/22

Decree Nisi and Decree Absolute: A Complete Guide

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Our Guarantee

First Class Service

Choose Austin Kemp and you'll get a premium service in all areas. We aren't the cheapest out there, but what we are is the best solution to help you get what you deserve.

Impeccable Advice

Our advice and strategy is second to none. Not all law firms are created equal. Because we're specialists, our depth of knowledge is often the edge that makes the difference.

Challenging Thinking

We work with you to get what you deserve. We don't mean that it's going to be easy – but we're here to support you every part of the journey.

Industry Leading Professionals

We have A-players at every level. We employ the best of the best, and that's why our clients choose us. Because getting the right solicitor can mean your future takes a different path.

The Right Fit

We'll make sure you have a solicitor that fits your case type. If you want a certain approach to your case – we'll make sure your solicitor has the right style for you.

Empathy

We know that getting a divorce divides your world into two. We're here to guide you through the uncertainty and emotional rollercoaster. One step at a time.

First Class Service

Choose Austin Kemp and you'll get a premium service in all areas. We aren't the cheapest out there, but what we are is the best solution to help you get what you deserve.

Impeccable Advice

Our advice and strategy is second to none. Not all law firms are created equal. Because we're specialists, our depth of knowledge is often the edge that makes the difference.

Challenging Thinking

We work with you to get what you deserve. We don't mean that it's going to be easy – but we're here to support you every part of the journey.

Industry Leading Professionals

We have A-players at every level. We employ the best of the best, and that's why our clients choose us. Because getting the right solicitor can mean your future takes a different path.

The Right Fit

We'll make sure you have a solicitor that fits your case type. If you want a certain approach to your case – we'll make sure your solicitor has the right style for you.

Empathy

We know that getting a divorce divides your world into two. We're here to guide you through the uncertainty and emotional rollercoaster. One step at a time.

Talk to us now on 0333 311 0925

Divorce & Family Law

Frequently Asked Questions

Divorce & Family Law FAQs

I’m thinking of getting a divorce. When should I first contact a solicitor?

Deciding to end a marriage by beginning divorce proceedings is often a painful and difficult time.

During this time emotions can run high. This is why it is important to seek specialist independent legal advice as soon as possible.

By getting the right advice early on in the process you can take control of the situation and gain what can often be reassuring legal advice on where you stand with regards to finances or what will happen to your children.

Thinking about the issue further and not acting can cause you to feel like you have no control over the situation and can end in you feeling more distressed emotionally.

Although it makes no difference in English and Welsh law whether you or your spouse files for the divorce, this is not so in other jurisdictions.

This makes it especially important to obtain legal advice as soon as possible if another country’s jurisdiction may have a say in your case, especially if you are a high net worth individual.

Being the petitioner rather than the respondent in this instance may make all the difference.

You could decide to complete the divorce proceedings yourself. However, this can often end in frustration and arguments between spouses and neither getting the outcome they desired or deserved.

You may find that the fees you pay to your solicitor are easily paid back in the better settlement you achieve.

Using a solicitor also means that a divorce should be less stressful because you shouldn’t be dealing with the day-to-day issues.

No solicitor will pressure you to make up your mind – we are there to give advice and to guide you through the process should you wish to proceed.

How long will my divorce take to go through?

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.

Should I negotiate my divorce myself or get a solicitor to do it?

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.

I’m thinking about getting a divorce. How much would this cost?

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.

What do I need to consider before getting a divorce?

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.

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