Divorce and Separation

How we can help

DIVORCE

At Freers Askew Bunting we appreciate the emotional strain that can follow the breakdown of a marriage. Our experienced team of solicitors will identify the key issues in your particular case and guide you every step of the way to ensure that those issues are resolved and that the best possible outcome is achieved.

We will provide you with tailored advice and guidance; outlining the options that are available to you, including mediation and the courts.

Since the 6th of April 2022, there is only one ground upon which a married couple can divorce; the irretrievable breakdown of the marriage. A divorce application can be submitted by one party, or jointly by both parties, and following the initial application and acknowledgement a period of twenty weeks must pass before an application can move to the next stage. This period allows the parties to reflect and decide whether they wish to proceed with the divorce. After twenty weeks have elapsed an application can be made for a Conditional Order. The Order is, effectively, confirmation that the marriage has broken down. Following a period of six weeks and one day from the Conditional Order being pronounced, an application can be made for a Final Order. Once the parties have been granted a Final Order the marriage has officially come to an end and the couple are divorced.

Whilst the divorce is proceedings we will endeavour to deal with the other aspects involved in the breakdown of the marriage, which ordinarily involves the matrimonial finances and can involve child contact. For more information on those topics please visit our finance and child arrangement pages.

SEPARATION

Following the breakdown of a marriage emotions can be raw and it is important that you consider all of your options. At Freers Askew Bunting our experienced team, headed by Zoe Tansley, will advise you so that you make the best decision for you.

Divorce is a big step, and some couples may choose to initially separate without divorcing. If you were to decide to initially separate and live apart from your spouse without applying for a divorce then a settlement agreement could be drafted to set out arrangements for things such as finances, property and any children to the marriage. It is not possible for such an agreement to become a court order in the family courts, although it could be a contract and could therefore be challenged in court in the same way as any other contract. It is therefore important that you take advice prior to entering into any such agreement.

Although a settlement agreement cannot become a court order, the courts could take into consideration the contents of any such agreement and whether it has been working successfully or not for the parties during any proceedings in any subsequent divorce proceedings.