Family law guide
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⚠️ Divorce law changed on 6 April 2022
If you are starting a divorce now, this is not the page you need. No-fault divorce applies to every application made from 6 April 2022. You no longer need a reason, and your spouse cannot contest it. The five old grounds — adultery, unreasonable behaviour, desertion and separation — no longer apply.
→ Read our No Fault Divorce guide — the current law, timelines and process.
The sections below describe the pre-2022 procedure and remain online for anyone dealing with a petition lodged before that date.
Our Divorce specialists regularly assist with breakdown of marriage across the UK and abroad. Sadly, thousands of marriages end in divorce each year across the United Kingdom. We understand this is a difficult phase of life, so if you are going through a divorce or a separation, you certainly aren’t alone.
At Kabir Family Law our divorce specialists understand that divorce is unpleasant and not an easy thing to experience. This often results in torn up families and nasty feelings. Our divorce specialists are at hand to guide you through the difficult process and advise you in the technicalities of a divorce.
Although divorces are very common across the country you can be rest assured that our divorce specialists will listen to your matter and circumstances clearly as each divorce is different and provide advised based on your personal circumstances. Our friendly team of experts will ensure they achieve the best possible outcome for you and ensure your interests are placed at the forefront.
In order to commence your divorce with our divorce specialists, we will require details of both spouses who are engaging in the divorce proceedings and confirmation of whether both partners are mutually agreeable to a divorce. A divorce legally dissolves a valid marriage, unlike divorce, annulment is a legal process that challenges whether the marriage was legally valid from the outset.
We will also need details of any children that you share in order to comply with the Children and Families Act 2014, as well as a completed divorce petition. In divorce cases, you must be married for at least one year before starting the legal process. If you are unsure whether divorce or annulment is the correct route, seek legal advice.
These grounds were abolished on 6 April 2022 and no longer apply to new applications. See no-fault divorce instead.
In order to proceed with divorce one of the 5 grounds must be satisfied. Annulment is a separate marriage annulment process used where a union is void or voidable, and it declares the marriage legally invalid rather than ending it by divorce. These are:
Some people may instead be able to annul a marriage in certain circumstances, including a void marriage caused by bigamy, where the parties are closely related, non consummation, or where there was no consent because of duress; these are among the grounds affecting voidable marriages.
Should you require to discuss your divorce further then feel free to contact our divorce specialists who would be able to discuss the grounds of divorce with you in detail and provide you with a consultation to analyse your individual circumstances.
Our family law specialists understand that one partner may not predict a divorce being imminent. You may have received divorce documentation from your partner or their representatives. We notice this is a shocking time and you may not know what to do. Our divorce specialists can look to review the documents with you and guide you through the process and discuss your options.
It is difficult to advise on the time as each case varies based on individual circumstances. Under the pre-2022 procedure, an agreed divorce could reach decree absolute in around four to six months. This no longer applies. Since 6 April 2022 there is a minimum 20-week period between application and conditional order, then a further 6 weeks and 1 day before the final order — a statutory minimum of around 26 weeks, and usually longer in practice.
Contested divorces occur when the spouses cannot agree and will look for a Court to make the decision on how they should arrange the split. Factors such as matrimonial properties, spousal support and custody of any children shared may be included in the Court’s decision. These contested divorce matters can take longer to finalise.
Our divorce law specialists work with contested divorce cases in which one person within the marriage refuses to agree to a legal separation. Although these divorce claims are rare, contested divorces can be extremely complicated if you are not seeking professional advice.
Divorce claims can also be difficult where many assets and finances are involved. Advise must be sought immediately to ensure as well as obtaining a divorce you are also obtaining what you are entitled to. It may be beneficial to resolve the financial aspect at the same time as proceeding with a divorce to avoid lengthy proceedings. If you want to learn more about contested divorce and divorce claims get in touch with one of our experts who would be able to assist.
At Kabir Family Law we understand divorce is a difficult time and could affect individuals financially. We are able to provide a fixed fee divorce advisory service for cases where the divorce is agreed by both parties and just needs to be legally finalised. This option is tailored to your individual circumstances and allows you to see how much you will be charged for each stage of your divorce process, with tailored advice if you need help deciding whether divorce or annulment is the right route for your personal circumstances.
However, we’re able to work with assisting on any type of divorce claim throughout any stage in the process – even if you’re just getting started and are looking for a divorce expert to help assist you build your legal case.
Absolutely, depending on whether you are eligible to pursue a divorce in the UK Courts. We represent client’s who live outside of the UK and wish to use the UK Court system to pursue a divorce. There are a complex set of rules that apply when dealing with divorces being brought by a spouse from outside of the UK. We would suggest that you contact us to arrange a consultation to explore your options.
If you were married in the UK and you’ve lost your marriage certificate, it’s possible to still get a divorce. However, you will need to get a duplicate copy from the registrar office in order to proceed.
Depending on whether or not co-operation from both spouses is present, a divorce usually takes four to six months to complete.
There are various ways of resolving financial matters during the divorce process, but ultimately it depends on whether you and your partner can reach an agreement through mediation or collaborative law.
Often, couples will create a financial settlement after a divorce. This can be laid-out by the couple if they’re able to work together fairly, although a judge has the authority to create a settlement on behalf of spouses who are not willing to co-operate. Even then, you may still need a court order to make financial arrangements binding and enforceable after divorce or annulment.
The judge will weigh out the needs of both sides, carefully assessing:
If both parties had signed a pre-nuptial agreement before the marriage took place, this may be used to decide how finances are arranged when the divorce has been completed.
However, if court proceedings become inevitable, rest assured that our separation and divorce specialists will be at hand for practical advice, robust assistance and legal support at each stage, including the legal implications for financial claims and child arrangements.
A final order ends your marriage. It does not end financial claims between you.
Without a financial order approved by the court, your former spouse can bring a claim years later — after an inheritance, after a business succeeds, after a property is sold. We see this discovered far too late to fix cheaply.
If you take one thing from this page: a divorce without a financial consent order is unfinished.
Our family lawyers are able to advise on both divorce and annulment matters for clients who live abroad via regular Skype meetings, so there’s no need to worry if you’re unable to visit one of our family law offices
Under UK law, annulments can be granted at any time after marriage where the marriage was not legally valid. To discuss your options today, get in touch with our team. Our annulment lawyers provide expert legal advice and tailored advice where personal circumstances may mean seeking annulment in the UK instead of divorce; an annulment declares a marriage legally invalid, and our team can explain which process applies.
13 guides — scroll sideways for more
Divorce Specialists
Divorce Rights
Military Divorce Lawyers
No Fault Divorce
Marriage Annulment
Short Childless Marriage Divorce Settlements
Protect Assets in a Divorce
Inheritance and Divorce
Spousal Maintenance
Italian Divorce Law
Effects of Divorce on Children
Financial Consent Order
Short videos from the Kabir Family Law team, explaining family law in plain English.
We are a team of legally trained family law and divorce specialists with years of experience across all areas of family law. We are not part of a firm of solicitors, do not undertake legal reserved activities unless permitted and are therefore entirely independent. Please subscribe to our mailing list.
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