Divorce and Separation

We guide you through the legal separation process with sensitivity and expertise, resolving financial and property issues to reach a settlement that’s right for you - quickly and smoothly.

When it comes to divorce and separation, you can trust Newtons Solicitors to provide sound legal advice to guide you through this difficult time. Working closely with you throughout the process, our divorce solicitors will manage your divorce or separation with sensitivity and expertise, making it as straightforward while resolving any financial and property issues.

What Is the Difference Between Separation and Divorce?

Before you decide whether to separate from your spouse or commence divorce proceedings, it is important to be aware of the differences between legal separation and divorce. While both processes involve living apart from your spouse, there are many logistical and financial differences between separation and divorce that may influence how you choose to proceed. These include:

Marital status

Whether you create a separation agreement with your solicitor or obtain a decree of judicial separation through the family court system, you will remain married to your spouse and will be unable to remarry. On the other hand, once your divorce final order has been granted by the court, your marriage will permanently end, leaving you free to marry someone else.

Financial implications

When a couple divorces, their matrimonial assets are divided and they lose certain financial benefits, such as lower insurance premiums, marriage allowances and other tax reliefs. While separation agreements similarly outline the separation of assets and other financial matters, such as spousal maintenance, as you remain married in separation, you will continue to benefit from the same insurance and tax advantages.

Court proceedings

While legal separation and divorce both involve court proceedings, arranging a separation is typically more straightforward than finalising a divorce. Obtaining a formal separation through the court requires couples to establish custody agreements and support orders, in addition to dividing their assets. While the same is true of divorce proceedings, the process is far more comprehensive, including child custody agreements and pension sharing.

Potential for reconciliation

As the divorce process formally ends a marriage, couples would have to remarry should they decide they want to get back together. This makes separation more attractive for couples who are open to reconciliation, as they can simply file a motion to end their legal separation to resume their marriage.

What Are the Benefits of Separation Over Divorce?

When marriages break down, filing for divorce and making a clean break can seem like the only solution. While we would never dissuade our clients from pursuing a divorce when they believe it is the right course of action, we encourage our less certain clients to explore some of the benefits that come with legal separation before making their decision. These include:

Financial stability

As separated couples are still married by law, they can continue to take advantage of tax reliefs such as the marriage allowance and lower council tax rates. This can be crucial for lower-income couples, who may otherwise struggle to support themselves and their dependents.

Stability for children

While separation and divorce typically involve parents living in different houses, choosing to separate and maintain your marriage from afar can provide more continuity for your children. In addition to keeping the same surname, remaining married can lessen the emotional impact on your children while allowing parents to present a united front.

Simplified legal situation

Property settlements and asset division can be approached more flexibly in legal separation than divorce, leading to more amicable negotiations between parties and avoiding the legal fees that come with lengthy court disputes.

Opportunity for reconciliation

As there is no time limit on legal separation, couples can reflect on their marriage and feelings for one another without the impending final order deadline forcing them into a decision. While this might ultimately result in a couple choosing to finalise their divorce, their separation period gives them the opportunity to consider reconciliation before taking more permanent action.

When Should I Contact a Divorce Lawyer?

Whether you want to file for divorce, arrange legal separation or are uncertain about how to proceed, we recommend that you seek advice from divorce lawyers as soon as possible to assess your legal situation. At Newtons Solicitors, we offer free initial consultations to our divorce and family law clients, such that they have the opportunity to discuss:

Why did their relationship break down
Whether they have any children with their spouse
Their initial thoughts about the future
Their income and savings
Their pensions and other matrimonial assets

Following your first meeting with your divorce lawyer, they will advise on the best course of action to achieve your desired outcome.

How Do I Begin the Separation or Divorce Process?

Once you have consulted with your solicitor, they will advise you about how to proceed with your separation or divorce. If you have decided that separation is the preferable option for your circumstances, your solicitor will offer you practical advice for reaching an agreement with your spouse about your children, property, income and pensions. These agreements can then be used to form the basis of your settlement discussions, should you later decide that you want a divorce. Provided you have been married for at least one year, you can commence divorce proceedings by submitting a sole application by yourself, or a joint application with your spouse. On 6^th April 2022, England and Wales introduced the ‘no-blame divorce’ bill, meaning that the irretrievable breakdown of a marriage can serve as the sole ground for divorce.

After your divorce application has been acknowledged and agreed to by your spouse, the court will review all the documentation before granting a decree nisi. This is followed by a mandatory 20-week ‘cooling off’ period, in which practical arrangements can be made regarding your children and finances. The final stage of a divorce is when the decree absolute is granted, after which you are no longer married and are free to remarry.

Separation and Divorce Support from Newtons Solicitors

The process of pursuing legal separation or divorce can be wrought with sadness, doubt and confusion, which is why our solicitors offer much more than simply legal advice to our clients. From negotiating financial settlements to advising clients who are cohabiting with their divorced spouse, our divorce lawyers will provide tailored support to suit your specific needs.

For more information about our divorce and separation services, please contact our divorce law team today by phone or email us at info@newtons.co.uk and one of our representatives will be in touch to arrange your first consultation.

Frequently Asked Questions

Do I need my spouse’s agreement to start divorce proceedings?

As of 6^th April 2022, the Divorce, Dissolution and Separation Act 2020 implemented no-fault divorces, meaning that either spouse can apply for a divorce, with or without their partner’s consent, and their partner cannot challenge the proceedings.

Divorce proceedings can only go forward if the marriage has irretrievably broken down, the proof of which comes in the form of a statement.

How long does a divorce normally take?

Assuming that both parties deal with the divorce documentation promptly, the process usually takes approximately four to five months from the date the divorce petition is issued at court to the Decree Absolute.

What happens during the divorce process? Will I need to go to court?

Initially, our divorce solicitors will prepare the divorce papers and send them on to you to check and sign. When they have been returned to us, we send them to court. The court will send them to your spouse. Your spouse then has eight days to acknowledge receipt by completing an Acknowledgement of Service.

When your spouse has returned the acknowledgement we will make an application, on your behalf, for Decree Nisi.

If the Judge is satisfied that you have grounds for a divorce, they will issue a certificate that will confirm the date on which Decree Nisi will be pronounced. You will not need to attend court, and we will send you a copy of the Decree Nisi when it is received. You can apply for the Decree Absolute which finalises the divorce six weeks and one day after Decree Nisi.

Can I get Legal Aid for my divorce?

New regulations came into force on 1st April 2013 under the Sentencing and Punishment of Offenders Act 2012 which limited the scope of legal aid to those cases involving domestic abuse, Local authority child protection matters, child abduction matters, forced marriage and mediation. Unless your case is one where the local authority have taken care and supervision proceedings or involves child abduction, legal aid is not granted automatically.

An applicant will need to satisfy the legal aid agency that they are financially eligible as only those on low income or benefits will be entitled to it.

Legal aid is no longer available for

divorce;
financial proceedings; or
an application for a Child Arrangements Order.

At Newtons, we are here to help you find the most cost-effective way to deal with your divorce and finances.

I have heard a lot about mediation. What is it and will it help me?

Mediation is a process by which parties try to resolve any disputes that may have arisen between them without the need to go to court. Each party is encouraged to discuss and resolve any disputes with the assistance of a trained mediator. The most common issues requiring a mediator are those relating to children and financial arrangements. If an agreement can be reached, we can prepare documentation on your behalf to ensure that the agreement becomes binding. There are other types of mediation known collectively as Alternative Dispute Resolution. Our team of divorce solicitors at Newtons can help you identify the right way for your case to be dealt with.

How will the financial aspects of my divorce be dealt with?

Both parties are under a duty to provide the other with full details of their financial circumstances. When each party has disclosed their financial circumstances, we will advise you on a financial settlement. Find out more here about financial settlements during divorce here.

We negotiate with your spouse, or their solicitors, to reach an agreement which is finalised by creating a Consent Order.

If no agreement is reached, you will need to make an application to court for a Financial Remedy Order. Your case will be timetabled, and you will continue to negotiate a settlement with the court’s guidance. If a settlement is not reached, your case will be listed for a Final Hearing, and after hearing evidence, a judge will make a Final Order.

What will I be entitled to financially?

Family law is discretionary, so the outcome of your case will depend on both parties’ circumstances. When making a Financial Order, the judge has to consider the factors listed under Section 25 of the Matrimonial Causes Act 1973. These include things such as the ages of the parties, the length of the marriage, needs, responsibilities, and earning capacity. No two cases are the same, but the aim is to achieve fairness. At Newtons, our family law solicitors will guide you and advise you on the division of capital, maintenance and pension sharing so that, where possible, you can reach an agreement without the need to go to court. Please refer to our financial settlements page for more information on the financial aspects of divorce.

Will the value of my business be taken into account as part of a divorce?

Yes, all assets are taken into account when deciding how capital should be divided between the parties.

How will my business be valued?

The value of your business may be agreed between the parties. More likely, there will be a joint expert’s report prepared by a forensic accountant.

How does a court treat the valuation of a business?

The value of a business is not the same as capital that is readily available such as savings or equity in the home. The valuation of a business acts as a guide for the court as it will be recognised that this asset is not liquid and not available as cash.

Will my business have to be sold?

No, this is extremely unlikely. In most cases, the business will continue to be run by the party who owns it.

For more advice regarding divorce and separation, please contact our team of divorce solicitors today.

Our family law team is here to help.

Please call us to find out how we can help. We have offices across Yorkshire and the North East. We can talk on the phone or arrange a meeting where we can discuss your options and give you a clear idea of timeframes and costs.

Alternatively, please contact us online and we’ll call you back when it’s convenient for you.