Serving England & Wales since 2008
Divorce and Dissolution of Civil Partnerships and Same Sex Marriages
Divorce and Dissolution of a partnership can be one of the most stressful experiences in life. That’s why it’s imperative to take expert legal advice from our solicitors to attempt to reach an amicable solution.
Helping you through a life changing event
Divorce
You can get a divorce in England or Wales if you have been married at least one year and your relationship has irretrievably broken down.
The marriage must be legally recognised in the UK and the parties must usually live in England or Wales.
As a result of the enactment of the Divorce Dissolution and Separation Act 2020, parties no longer need to attribute fault to either party.
Dissolution of Civil Partnerships and Same Sex Marriages
Our solicitors can provide you with advice and representation from the beginning of the partnership to the end covering all aspects including the registration process and dissolution.
It’s essential to obtain sound professional advice when dealing with any relationship breakdown.
The terms of a Dissolution are similar to Divorce, but with some subtle differences. If a couple has married, then a divorce will be required rather than a dissolution.
You can apply for a ‘dissolution’ to end your Civil Partnership provided you have been in the partnership for a year.
Financial provisions on divorce or dissolution​
On the granting of a divorce or dissolution, it’s important to discuss financial arrangements and how you will split the assets
It is best to try and come to an agreement between the parties when separating finances and assets. Mediation can assist parties with this process.
Once both parties reach an agreement a lawyer can draft a court order to complete the process formally.
If parties cannot reach an agreement then it may be necessary for one party to apply to the court for a Financial Remedy. The court will then control the process, including ordering the parties to exchange financial information.
How we can help
In order to make an application to the court, the applicant will have had to have attended a Mediation Information and Assessment Meeting (MIAM). This is where discussions occur around the possibility of mediation. If the matter is not suitable for mediation then the mediator will provide a form allowing a court application to be made.
The court can order the transfer of property and also order a sale. It can also deal with the division of sale proceeds. The court can also order payments between the parties including lump sums and/or maintenance. Orders can also be made in relation to the spouse or partner’s pensions.
The court will seek to achieve a ‘clean break’ for both parties if possible, to prevent the parties being financially reliant on each other after divorce or dissolution.
Factors the court may consider
The welfare of any child under the age of 18. If the assets are limited, then the court will look to suitably house and care for the children first.
The court can order the transfer of property and also order a sale. It can also deal with the division of sale proceeds. The court can also order payments between the parties including lump sums and/or maintenance. Orders can also be made in relation to the spouse or partner’s pensions.
The court will seek to achieve a ‘clean break’ for both parties if possible, to prevent the parties being financially reliant on each other after divorce or dissolution.
The court considers the ages of each party and duration of the marriage or partnership, including any pre-marriage or partnership cohabitation. This can provide information as to a party’s earning potential before retirement, how long a party was financially dependent on another for example. The court can use this information in determining maintenance and whether there are assets that pre-date the relationship.
The court considers contributions which a party has made through the marriage or civil partnership. For example, if one party has sacrificed a career to look after children.
Value to each of any benefit which either party would lose entitlement to – for example, a pension.
The court will also consider the income and earning capacity, property and other financial resources which each party has or is likely to have in the near future. This includes whether it would be reasonable to expect either party to try and increase their income by increasing their hours of employment or looking for a higher income.
The court will look at the standard of living enjoyed by the parties during the marriage or civil partnership. It is usually not possible for the parties with limited resources to enjoy the same standard of living, but with higher asset cases, this may be more of a factor.
The court considers any disabilities of the parties. This is likely to have an effect on resources, needs and possible earning potential.
The court will consider the conduct of each of the parties. With relation to the finances, the court will take into account any financial misconduct by either party. For example, not disclosing financial information.
