Divorce and Finances Solicitors Leicester

How we can help you with Divorce and Separation Agreements

Whether getting a divorce was completely unexpected or not, it has probably still come as a bit of a shock to you, and you may be feeling overwhelmed about where to even start with the divorce process.

Our divorce lawyers in Leicester are here to support and guide you through the process and answer any questions you have.

Here’s how we can help:

Alternative Dispute Resolution Methods: We will always try to avoid court and litigation costs where possible by suggesting alternative dispute resolution methods such as collaborative law, mediation, negotiation or arbitration.

Separation agreements: We can help you draw up a separation agreement if you do not want to divorce or want to wait to divorce

Domestic violence advice: We can help you with making an injunction including a non-molestation order or occupation order if you are at risk of domestic abuse

Clean break consent orders: We can check over the financial agreement you have reached with your former spouse and make sure all clauses are fair and help you file the consent order alongside initiating divorce proceedings

Financial considerations: We can help you with financial settlements such as the division of property and other assets, pension orders, childcare arrangements and clean break orders

Why choose Rothera Bray for divorce and separation agreements in Leicester?

Tailored service: You will be assigned a qualified solicitor best suited to advising on your circumstances. If you have children from your marriage or partnership, we can help you with childcare arrangements

Putting your interests first: We understand that you and your situation are unique to you, and our focus is on listening to you and the outcomes you want to achieve from the process

Additional advice: If you need advice on property, tax, pensions, and trusts we can refer you to our experienced Conveyancing and Wills and Probate teams. We also have a network of financial advisers, accountants and counsellors we can put you in touch with if you need extra support

How much does it cost to get a divorce?

The cost of getting a divorce varies depending on whether the divorce is contested or not, whether you get a divorce online or instruct a solicitor and whether you know where your former spouse lives, as well as your own personal circumstances. Regardless of which method you choose there is a court fee of £593 to process the divorce application. If you get an online divorce, it may cost you in the region of £700-£800 including the court fee. However, online divorce is only advisable if your divorce is uncontested and straightforward.

If one side contests the divorce or you have a lot of matrimonial assets which you cannot agree on how to split, or you need to sort out child arrangements then it is recommended to instruct a family law solicitor who specialises in divorce as they will take your personal circumstances into account to try and reach the best outcome for you. Solicitors might either charge a fixed fee or an hourly rate.

How long does a divorce take?

It can take a minimum of 26 weeks, or 6 months to get a divorce due to the introduction of no-fault divorce in 2022, however the time it takes can vary due to several factors including:

• Whether you and your former spouse can voluntarily agree on the details of your divorce or if you need to go to court
• How quickly you can reach a financial settlement and other arrangements such as childcare
• Whether you make a sole or joint application for no fault divorce

If you have made a joint application for divorce, you need to wait 20 weeks after your divorce application has been issued by the court, after which time you can continue with the divorce by applying for a Conditional Order. Once the Conditional Order has been granted you will have to wait for 6 weeks to apply for the Final Order.

If you made a sole application the court will send your spouse the divorce application and an ‘acknowledgement of service’ application which they must respond to within 14 days stating whether they agree with the divorce or intend to dispute it. If they agree with the divorce, then after 20 weeks you can apply for a Conditional Order. If your spouse disputes the divorce, they will have to complete an answer form saying why; if they fail to complete the form you can continue the divorce by applying for a Conditional Order.

What am I entitled to if I divorce my spouse?

Typically each party is entitled to 50% of the matrimonial assets, however this is usually considered as a starting point, with one party often receiving a larger split of the assets due to the circumstances of the marriage. A number of factors will be taken into account including the length of the marriage, your current and future needs, and your ability to generate income.

How long can a spouse drag out a divorce?

If your spouse is dragging out a divorce, then it is important to know why they are delaying it to work out what action can be taken. For example maybe they are being financially or emotionally controlling, in which case you could take out an injunction against them, or maybe they are dragging the divorce out because they object to the divorce, however under no-fault divorce it is harder for your spouse to object to the divorce because you do not have to give specific grounds for the divorce.

What are the grounds for divorce?

If you have been married for over a year, your relationship has permanently broken down and your marriage, including same-sex marriages, is legally recognised in the UK then you can get a divorce.

Since no-fault divorce was introduced in April 2022, you can apply for divorce by simply stating that the marriage has broken down. Prior to no-fault divorce coming into effect, you had to show one of five reasons for the breakdown of the marriage: adultery, unreasonable behaviour, desertion, separation for more than 2 years, or separation for more than 5 years.

Do I need a solicitor for a divorce?

There is no legal requirement to instruct a solicitor or to seek legal advice when you are getting a divorce, and there are online DIY divorces available. However, even if your divorce is fairly straightforward it can be helpful to talk to a solicitor before starting divorce proceedings to discuss how you will split your assets and putting a financial order in place, as the divorce will end your marriage but will not sever the financial ties between you and your former spouse. A solicitor can also ensure that your spouse does not hide any of their assets but discloses all financial information. Also, by doing the divorce yourself you might fail to take other factors into account such as spousal maintenance if one party cannot cover their living costs without relying on their spouse.

Can I get a divorce online?

You can get a divorce online through the gov.uk website and this can be a good option for couples going through a straightforward and amicable separation. The online process will check that you’re eligible and ask if you want to make a joint or sole application. You will need to provide certain information including yours and your spouse’s full name and address and your original marriage certificate or a certified copy, as well as paying the £593 court fee. The application will then be checked to make sure it’s all correct before you can continue with the process.

Can you get legal aid for a divorce?

Legal aid is available to cover the cost of divorce or the dissolution of a marriage if there is domestic abuse or child abduction involved or you’re at risk of homelessness.

If you don’t qualify for legal aid for divorce, you might still qualify for legal aid for mediation, which is an alternative method to going to court which involves a mediator helping you and your ex-spouse reach an agreement on financial matters and childcare arrangements. You might qualify for legal aid for mediation if you are on a low income or not working.

Can my ex-spouse claim my pension years after divorce?

It’s not unreasonable to assume that once you’ve gotten a divorce and decided on how your finances will be split then your ex-spouse cannot make a future claim on your finances, especially years down the line. However, unless you have put a Clean Break Order in place when you got divorced to finalise the financial arrangement you made with your ex-spouse, then they can make a claim against your finances, including your pension, in the future.

You might also ask the courts to consider ringfencing any contributions made to pensions after your separation or any pensions taken out after your divorce so that your ex-spouse’s claim only applies to contributions made during the marriage. The court will look at your individual circumstances as well as other factors such as the length of the marriage, the conduct or each party and whether there are any children or dependents to decide whether your ex-spouse can make a claim against your financial assets.