Divorce solicitors
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Our experienced team of divorce law solicitors are here to provide you with the support and guidance you need to navigate this process.
We offer a range of services to help you achieve the best possible outcome for you and your family, from mediation and collaborative law to court representation. Let us help you move forward with confidence.
If you have decided to proceed with divorce, our family law solicitors provide all the legal advice and support you need. Going through the divorce process can be a difficult and stressful experience and we want to help you make the right decisions for you and your family.
Divorce is a difficult decision to make and you should be sure that it is the right decision for you. Many couples consider joint counselling, seeking expert assistance from qualified counsellors or individual support at this early stage from a divorce and separation coach. Such early emotional support may mean that divorce is not necessary.
If you decide to proceed with divorce, the length of the process can vary and, depending on the circumstances, there can be much to consider. This can include financial matters and, if you have children, developing a child agreement or parenting plan that is in their best interests. As one of the leading UK family and divorce law firms, expert legal advice from our lawyers at an early stage can assist promote early resolution and avoid problems that may otherwise occur during the process.
Why choose Moore Barlow as your divorce solicitors?
We are one of the top family law solicitors in London and Hampshire and are recommended by Legal 500 and Chambers & Co, independent legal directories, as an “excellent, proactive and responsive practice”.
At Moore Barlow, we can help you through the divorce process, from giving legal advice on the finances to helping with child agreements. Our experienced solicitors will assist you every step of the way, no matter how complex your case is.
What is divorce?
Divorce refers to the legal process of ending a marriage. Divorce involves dissolving the legal relationship between the spouses and resolving any financial or property issues that may arise. Divorce can be a complex and emotionally challenging process, and it is important to seek legal advice to ensure that the rights and interests of all parties are protected.
What are the grounds for divorce?
Historically, there was a requirement to prove the irretrievable breakdown of a couple’s marriage through one of five facts. However, this system has been replaced by a simple requirement to confirm that the marriage has irretrievably broken down known as “no fault divorce”. This allows people to have greater autonomy in their decision to divorce and reduces state interference in a competent adult’s choice as to with whom they continue to have a relationship.
When does divorce come before the wedding?
Kate and David’s daughter was getting married that summer.
But Kate and David, mid-divorce, were adamant they would not be found in the same room. Until one of our lawyers stepped in, showing that ‘happily divorced’ was an option, should they want it.
What are the stages of divorce?
The process begins with the person seeking the divorce, known as the Applicant (in the event it is a joint application you each be an Applicant), filing the divorce application. As part of the divorce application, you will need to complete a statement of truth, confirming that the information you have provided is accurate, and a statement of reconciliation, confirming that you, as the Applicant, and your solicitor have discussed the possibility of reconciliation.
The divorce application, together with a copy of your marriage certificate and any other necessary documentation, are uploaded to the Court portal, and the payment of the court fee (currently £593) is made.
The court will send a copy of the processed divorce application, together with an Acknowledgement of Service pack, to the Respondent, who is the other person in the divorce. The Respondent then completes the Acknowledgement of Service and returns it. If the divorce application has been made jointly, the court will simply provide a Notice of Proceedings to both parties which they will need to acknowledge receipt of within 14 days of issue.
After 20 weeks of the issuing of the divorce application, the Applicant (or Applicants) can then apply to the court for what is known as a Conditional Order. As part of the application for the Conditional Order, the applicant(s) must submit a statement in support of the original divorce application, confirming that they wish to proceed and that nothing in the divorce application needs to change. This is the first time the papers will go before a judge; until then, it’s purely an administrative process. If all is in order, the Court will provide a date for when the Conditional Order is to be made.
Six weeks and a day after the Conditional Order is made, you can apply for the Final Order. This Order will formally dissolve the marriage. We will not advise you to do this whilst financial matters remain unresolved.
How long does it take to get a divorce?
Typically it takes around (a minimum of) six to eight months to complete the divorce proceedings. It can take longer depending on how quickly both parties deal with the paperwork and respond to the court. Another factor can be extra delays if the court has a significant backlog of work at the relevant time.
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What are the court fees for applying for a divorce?
Currently, the court fee is £593. This does not include solicitors’ fees. At Moore Barlow, we are flexible about how you instruct us, which means you can keep control of the costs.
Can the courts deal with your divorce; do they have ‘jurisdiction’?
The courts in England and Wales can deal with your divorce if they have ‘jurisdiction’, which usually means as long as both parties are habitually resident which means living in England or Wales.
You may need to prove you are habitually resident in England or Wales and have been for at least one year. There are other aspects involved; some of them are complex and your solicitor can discuss and explain them.
If you are in any doubt about whether the courts of England and Wales can accept your petition, you should ask our advice straight away. If you delay, you might lose the opportunity to start proceedings here and take advantage of the local laws on divorce, finances and children, if your spouse takes steps to start a divorce in another country.
You should not tip off your spouse if you want to use a certain jurisdiction; time is very much of the essence so do not delay. We are specialists in international family law and can help you if are married to a non-UK national or if divorce proceedings have already been started abroad.
Why choose our divorce solicitors?
At Moore Barlow, our divorce solicitors are highly experienced and dedicated to providing the best possible outcome for our clients. We understand that divorce can be a difficult and emotional time, which is why we offer a supportive and compassionate approach. Our team has a wealth of knowledge in all aspects of divorce, including financial settlements, child custody, and mediation. We strive to achieve the best possible outcome for our clients while minimising stress and conflict. Choose Moore Barlow for expert advice and a personalised service.
How can our divorce solicitors help?
Our experienced divorce solicitors can provide you with the legal guidance and support you need during what can be a difficult and emotional time. We can assist with all aspects of divorce, including financial settlements, child custody arrangements, and divorce proceedings. Our team will work closely with you to ensure that your rights and interests are protected throughout the process, helping you to achieve the best possible outcome for you and your family.
We have family law solicitors across the South East of England with offices in London, Richmond, Southampton, Guildford, Lymington and Woking.
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Divorce solicitors: Frequently asked questions
Do I need grounds for divorce?
There is only one ground for a divorce, the irretrievable breakdown of the marriage, but you have to cite one of five facts to support it. Those five facts are adultery, unreasonable behaviour, two years separation with consent, five years separation without consent or desertion. At present there is no such thing in law as “no fault divorce” but it is being looked at by Parliament.
Will I need to go to court?
Usually there is no need physically to go to court as the divorce proceedings can be dealt with as a paper exercise. The only time that any physical appearance at court is needed is if one party decides to contest or defend divorce proceedings which is very rare.
Will my assets be split 50:50 upon divorce?
The starting point is often 50:50, known as “the yardstick of equality”, but the overall division will depend on various different criteria, such as the needs of the parties, including their housing needs and the needs of any dependant children. The financial settlement is looked at alongside the divorce proceedings.
Who receives custody of the children in a divorce?
Usually parents can decide the arrangements for their children between themselves without any need for the court to become involved. If the court does have to become involved then the outcome will be determined by what is in the children’s best interests, considering how old they are, their physical, emotional and educational needs, their wishes and feelings, the likely effect on them of any change in their circumstances, any cultural or other relevant background circumstances and any harm the children have suffered or are at risk of suffering. All relevant circumstances will be taken into account.
Is it best to get a solicitor for a divorce?
Getting a solicitor for a divorce is often advisable as they can provide legal advice, strategic guidance, and handle all the necessary paperwork and negotiations on behalf of the client, which can relieve stress and ensure a fair resolution.
Do you always need a solicitor to divorce?
No, it is not always necessary to have a solicitor for divorce. Couples can choose to handle the process themselves through a DIY divorce or use alternative dispute resolution methods like mediation. However, it is advisable to seek legal advice, especially if the divorce involves complex issues or significant assets.
How to get a divorce
To get a divorce, start by consulting with an attorney to understand the legal requirements and process in your jurisdiction. Gather necessary documents such as marriage certificate and financial records. File a divorce petition or submit a joint divorce application. Agree on terms with your spouse regarding asset division, child custody, and support. Attend court dates and hearings as needed. Obtain a final divorce decree from the court.
How much does a divorce cost?
The cost of a divorce can vary greatly depending on factors such as the complexity of the case, whether it is contested or uncontested, and the attorney’s fees. On average, divorces can cost anywhere from a few thousand dollars to tens of thousands of dollars.
What am I entitled to if I divorce my husband or wife?
In a divorce, you may be entitled to a fair division of assets and property, alimony or spousal support depending on the circumstances, child custody and child support if applicable, and a fair resolution of any debts or financial obligations. The specifics will depend on the laws in your jurisdiction and the unique circumstances of your marriage.
Can I get my spouse to pay for the divorce solicitor fees?
It depends on the specific circumstances and laws of your jurisdiction. In some cases, the court may order one spouse to pay for the other spouse’s legal fees if they have greater financial resources. However, it’s best to consult with a divorce attorney in your area to understand your rights and options.
How are child custody issues handled in a divorce?
Child custody issues in divorce are typically resolved through negotiations between the parents, mediation, or court intervention if an agreement cannot be reached. Factors such as the child’s best interests, parental capabilities, and any existing agreements are considered when determining custody arrangements, which may include sole or joint custody and visitation rights.
Key advice for anyone looking to deal with a divorce
Whatever situation you find yourself in, we are here to help with an accomplished team of family law solicitors who have years of experience assisting those who require specialist legal advice.
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