Divorce and separation

The divorce process

Clarke Willmott LLP is a ‘top-tier firm in this area’
Legal 500 2019

The divorce process and civil partnership dissolution in England and Wales is based on the marriage having irretrievably broken down. If the couple wish to divorce straight away, this will require the grounds for divorce to be the fault of one party, either through their adultery or unreasonable behaviour. In the alternative, it is possible to divorce after two years of separation, if both parties consent.

Our divorce lawyers can advise you of the best way to deal with the divorce process in as cost effective and dignified a manner as possible. In addition, we can advise on the implications of any international issues in the divorce. For instance, it is the case that within Europe the first person to issue the divorce proceedings will generally determine the jurisdiction where the financial settlement is dealt with, with potentially significant variations in outcome. If such issues arise, it is vital that you take swift and expert legal advice, and we can provide that.

Financial settlements

The process for separating assets and income on divorce or civil partnership dissolution in England and Wales is a discretionary one. Whilst there is statute that assists, notably section 25 of the Matrimonial Causes Act 1973, and Schedule 7 of the Civil Partnership Act 2004 each case is dealt with on its own facts and outcomes vary widely.

Based on our significant experience we will give you expert legal advice at the outset of your case as to the likely outcomes, and how to progress your case in a cost effective manner to achieve the best outcome for you. We recognise that each case requires a different approach and can deal with this appropriately, to address issues from collaborative law through to a firm litigious approach as required.

We have expertise in all aspects of divorce settlements, including pensions, trusts, company and partnership interests. We also have strong links to counsel and expert third party advice if required. That expertise is recognised by both our competitors and by the Chambers Guide.

Providing the right legal advice for your circumstances

We recognise that each relationship, their circumstances and their finances are unique. It is therefore incredibly important that you seek expert legal advice on your situation and the options available to you. If you are married, it may be that you do not wish to divorce and may prefer a legal separation. If you have not decided whether you wish to divorce but you do wish to regulate your finances then this can be done with a separation agreement. This agreement can set out the division of property and other capital, levels of child maintenance or spousal maintenance and any other aspect of your financial separation so that you are clear where you stand.

Contact our divorce solicitors

If you need legal advice on divorce or separation, call us now on 0800 422 0123 or contact us online.