Divorce & Separation
The differences between Divorce and Seperation
Divorce and separation are both undoubtedly emotionally charged situations, with plenty to consider from start to finish. Our divorce solicitors in Hampshire, Dorset and Surrey are highly experienced, nationally recognised and accredited, providing a fully supportive service to reduce conflict while empowering you to act promptly and with confidence.
The process of divorce and separation has many different aspects and there can be a number of issues. Our team will provide separation and divorce legal advice and can assist with filing applications with the court and agreeing on divorce financial settlements and arrangements for children. We will always ensure you are aware of your legal rights and guide you through each step of the process.
At Dutton Gregory Solicitors, we have a wealth of collective expertise, skill and knowledge, having assisted a wide pool of clients through life’s challenges.
No divorce and separation are the same, each faces its own nuances, so our solicitors provide a bespoke service that aligns with your needs and desired outcome. We take the time to carefully understand your circumstances, personalising our advice and approach to get the right outcome for you.
Our divorce and separation expertise
Our experts can provide proficient divorce advice and hands-on support with matters including:
- Divorce and dissolution proceedings
- Judicial separation
- Separation agreements
- Divorce and separation financial settlements
- Child arrangements
Get in touch with our divorce solicitors
Our divorce lawyers can advise clients nationwide from our offices in Bournemouth, Chandler’s Ford, Southampton, Winchester, Woking, Liverpool and London.
To arrange an initial consultation, you can contact your nearest office using the links above or fill in our quick enquiry form and we will get back to you soon.
How our separation and divorce solicitors can assist you
Should you wish to divorce your spouse, you can make a joint or sole application to the court, which will need to state that the relationship has irretrievably broken down. If you are applying as a sole applicant, the court will forward a copy to your spouse and await an ‘acknowledgement of service’ form, confirming their understanding.
Our divorce law solicitors can guide you through the application process, making sure everything is correctly filled out, so there are no delays in obtaining your divorce. We will also assist with applying for the Conditional Order (formerly called Decree Nisi) and Final Order (formerly called Decree Absolute).
Where parties have entered into a civil partnership they may go through a dissolution rather than a divorce. The process for a dissolution and law is largely similar to divorce proceedings.
This is rare, as the parties remain married although they are recognised by the law as being legally separated. Financial Orders can be made to deal with maintenance, property and capital, but as they remain married, the court cannot deal with pensions. Sometimes a couple will have a Judicial Separation Order, which can be later used for divorce after judicial separation.
Our solicitors will advise you of your legal rights, clearly explain the steps involved in obtaining a judicial separation and assist with the preparation of the judicial separation papers.
It is sensible to have a separation agreement prepared by a solicitor who will outline how the financial arrangements are to operate in the future. Sometimes, it is possible to deal with all future financial arrangements, which can subsequently be confirmed by a Divorce Court. However, as with Judicial Separation, a Pension Sharing Order cannot be made.
Should you choose to instruct Dutton Gregory for your separation agreements, we will ensure you are fully informed on what the agreement entails and the benefits and implications it can impose. Our team will draft a robust separation agreement and guide you through negotiations should they be necessary.
When a couple divorces or separates, they are required to make an agreement concerning their finances. Until a financial order or divorce financial settlement order has been granted, the divorced couple will remain financially linked.
Our separation and divorce lawyers have assisted clients from all backgrounds and circumstances with making arrangements for their finances. We help clients arrange mutual agreements where possible, but should the court’s assistance be necessary, we have a positive track record of securing the outcome our client desires.
During divorce or separation, parents will need to consider what arrangements will be in place for their child or children. These are called child arrangements and concern where the child or children will live and the amount/type of contact and time the child or children will spend with the other parent. An arrangement whereby care of the child is shared is increasingly common.
We encourage our clients to seek amicable agreements where possible, helping to maintain strong co-parenting relationships as well as parent-child relationships. We can support clients through the various types of alternative dispute resolution (ADR) approaches, including negotiation and family mediation, but should a Child Arrangements Order be necessary, we will assist with preparing a strong argument and represent you during court hearings.
Our child arrangement solicitors can provide expertise on circumstances including:
- Voluntary Child Arrangements
- Child Arrangements Orders
- Specific Issue Orders
- Prohibited Steps Orders
- Parental Responsibility
- Special Guardianship Orders
Frequently asked questions about divorce and separation
Since April 2022, divorce in England and Wales has been governed by the Divorce, Dissolution and Separation Act 2020. There are several changes to the law, including the removal of the five accepted reasons for divorce, one of which previously needed to be given in the divorce application in order for a divorce to be granted.
Additionally, divorce terminology has changed, including:
- Decree Nisi – Now referred to as the ‘Conditional Order’
- Decree Absolute – Now referred to as the ‘Final Order’
- Divorce petition – Now referred to as the ‘divorce application’
- Petitioner – Now referred to as the ‘applicant’ (‘joint applicants’ if the couple apply together or ‘sole applicant’ where only one spouse is applying)
- Respondent – Where a sole application was made, this is the legal terminology used for the spouse who did not submit the application
The divorce process itself has also changed, so that after issuing the divorce proceedings there is a 20 week cooling off period.
It is important to note that the finalisation of a divorce does not automatically terminate the financial claims the parties may have against each other, and without a Financial Court Order, many of them will remain open. To extinguish these rights and achieve a financial clean break you must obtain a separate Financial Order.
The spouse who makes the divorce application is responsible for paying the court fee. However, this is often shared during joint applications. Each party is also responsible for paying their own legal fees should they seek the assistance of a solicitor during the proceedings.
During divorce, there are a couple of costs to take into consideration, including the application fee, which is currently £612 and is payable to the court. How much the legal fees cost entirely depends on the complexity of the matter and which law firm you appoint.
For more information on our legal fees, please don’t hesitate to get in contact with a member of the Dutton Gregory family law team.
During divorce, the involved parties are responsible for arranging the division of finances. This can either be amicably decided between the involved parties or by the court, which will impose a legally binding decision based on particular factors that are set out under section 25 of the Matrimonial Causes Act 1973.
There is no specific presumption as to who is entitled to the family home during divorce. It will depend on the circumstances. The division of finances is based on sharing, needs and compensation. The primary need is usually to enable each party to be housed, and the needs for the children take priority.
There are several ways a property can be dealt with during divorce. For example, one person could stay in the home and buy the other’s share, the property could be sold and the net sale proceeds divided or the primary caregiver could remain in the family home until for example the children are old enough to leave home.
Why choose Dutton Gregory for your divorce or separation?
At Dutton Gregory, our firm is committed to providing the best divorce and separation legal advice to clients nationwide from our offices based across Hampshire, Dorset, Surrey, London and Merseyside. Our team are friendly and approachable, striving to create close professional relationships. We aim to always be there should our clients need assistance.
We get to know each client and their unique circumstances. Our divorce solicitors will treat you as an individual, making sure the approach we take reflects your concerns and the outcome you need to achieve.
Our team of solicitors include a published family law author, award winners and nationally recognised and accredited professionals. We are proud to have a former Hampshire Law Society Solicitor of the Year, a Spears 500 recognised solicitor, a Legal 500 Leading Partner and solicitors that hold The Law Society’s Child Law, Family Law and Advanced Family Law Accreditations in recognition of their high level of skill, expertise and knowledge.
The department has been recognised in leading directories including Chambers and Partners, Legal 500 and Doyles.
Testimonials from the team’s Chambers & Partners rankings include:
“They take a constructive approach to cases with a focus on working together and being able to pick up the telephone to have a sensible dialogue and move matters forward.”
As well as providing legal advice, our solicitors are confident and capable advocates, meaning that they will be able to support you throughout your journey, from the initial meeting and throughout any court process.
Our family law team have worked with a wealth of clients across the country from our offices in Hampshire,Dorset,Surrey, London and Liverpool, earning a strong reputation for outstanding service.
When you instruct our team to assist with your divorce or separation legal matters, you can be confident we will provide an empathetic and supportive service for every step of the journey. We will always be available to address any questions or concerns you may have.
Our specialist divorce law solicitors understand the cost of divorce and separation can be daunting. That’s why we offer our clients a range of funding options best suited to their circumstances.
In many cases, we can offer a fixed fee divorce service, meaning you know exactly what the cost will be at the outset.
Where the situation is more complex and contentious, we can work to an agreed hourly rate, ensuring you receive exactly the level of support you need throughout your divorce.
Get in touch with our divorce solicitors
Our divorce lawyers can advise clients nationwide from our offices in Bournemouth, Chandler’s Ford, Southampton, Winchester, Woking, Liverpool and London.
To arrange an initial consultation, you can contact your nearest office using the links above or fill in our quick enquiry form and we will get back to you soon.
Our Accreditations
