If your relationship has broken down and you are worried about how family assets will be divided or who will have custody of children then you need advice from a family solicitor. Our family law solicitors take the time to know each client personally and understand their individual concerns.
Pension splitting on divorce, asset split in divorce, foreign assets and divorce, child custody, worries about the family home in divorce are all issues our solicitors for family law can sort out for you. We will work with you always being open about timescales and fees – and making sure you get the best possible result.
Divorce and Separation
Going through a relationship breakdown can be difficult enough without confusing legal jargon and worries about the process. Our free guide walks you through the divorce process, the first 3 steps you should take, and the different routes available to get the best outcome.
The rules around Divorce changed following the introduction of the Divorce, Dissolution and Separation Act 2020. You no longer need to prove that the marriage has irretrievably broken down due to unreasonable behaviour, adultery, desertion, two years’ separation with consent or five years’ separation.
Instead, you or your spouse can make a sole or joint application to the court for a divorce with a statement of irretrievable breakdown. This new process for obtaining a divorce is popularly known as a ‘no fault divorce’. Blame does not need to be ascribed to one spouse for the marriage having irretrievably broken down.
An application for Divorce cannot be presented to the Court until you have been married for a year. In legal terms, the person filing for Divorce is called ‘the Applicant’ and the other spouse is called ‘the Respondent’. If you make a joint application for divorce, the parties will be known as ‘Applicant 1’ and ‘Applicant 2’.
Not every couple will need to go to Court to get a Divorce. If both of you are able to reach a mutual agreement, your solicitors can draw up a Consent Order which will make your agreement legally binding. While the Court must approve the agreement, it will not need to involve itself in the process of making the Consent Order.
We strongly recommend you seek legal advice from an experienced Divorce Solicitor to make sure that you are guided on the reasonableness of any terms proposed by your ex-partner.
The Court will become involved if ‘the respondent’, the person who did not file for Divorce, disputes the Divorce or if the two parties cannot come to a mutual agreement on the terms for the Divorce.
Every Divorce Solicitor varies in their experience and the services they offer. It’s important to have an initial consultation with a Divorce Solicitor to make sure that you feel reassured by their knowledge and safe in their hands before you instruct them to act for you.
We take the time to get to know our clients, to understand what kind of support you need in your Divorce, and make sure that you feel supported no matter what challenges you are facing.
We will work with you to come to agreements on what is best for you, your ex-partner and, if you have any, your children. We can advise on the process and formalise any financial agreements you make through our Divorce service.
Our services include:
- Tailored advice on Divorce and any issues concerning children, property, and finances. We know how traumatic it can be to decide who will look after children, or who will continue to live in the house, so we can help lessen the stress by giving you clear, solid advice that leaves no room for worry or concern.
- We can draw up the application for a Consent Order, which records the terms of an agreed settlement, and we can assist you in completing the statement of financial information required by the court. These forms can be complicated, and we can help ease the strain of reading through complex legal and financial documents. We will explain any terms you don’t understand and make sure you completely understand the process and what you are signing.
- If you are the one to initiate the Divorce (called the ‘petitioner’), we can advise you on the Divorce petition and the statement of arrangements for any minor children. We will advise you on the timeline and the steps involved. We will also advise you of the next steps to take in order to finalise your Divorce.
- If your partner is initiating the Divorce (making you the ‘respondent’), we can advise you on your position and how to respond to the Divorce papers.
- We can advise you on any issues relating to any children, assuring you of your rights and helping you make these decisions in advance, so no pressure is put on either partner to make quick decisions they might later regret.
- We can advise on proposals for a financial settlement, helping each partner to come to a mutually agreeable decision regarding joint income or assets you may have accrued during your marriage. Advice on these issues in advance can prevent heated arguments later down the line as both partners know where they stand.
The formal term for the legal end to a Civil Partnership is known as ‘Civil Partnership Dissolution’. To obtain a Civil Partnership divorce or dissolution, you must have been in a registered Civil Partnership for at least 12 months.
The law around Civil Partnership Dissolution is actually very similar to that relating to divorce – if you are looking at ending a civil partnership, or would like more information on how to dissolve a civil partnership, we can help.
It has been a very stressful time recently during my divorce and financial settlement, but the way I’ve been treated and advised by Burt Brill & Cardens has been overwhelmingly satisfying. I’ve been in good hands every step of the way, but it’s the friendly human attitude that makes them different amongst the rest and that’s a calming and reassuring feeling.
Our Divorce Services
Trusted Sussex solicitors for over 125 years
Our team includes specialists in a number of legal areas, providing you with the expertise you need when you need it most. Whatever your legal issue, we will take the time to understand your situation and tailor our service to meet your needs.