Ending a marriage can be a difficult and emotional process. Having the right family law team can be essential to ensuring the process runs as smoothly, and with as little stress as possible.

The process for divorce in England and Wales involves several key steps, each with its own set of considerations.

If you require advice or assistance with divorce proceedings, ARC Costs maintain a panel of divorce solicitors, Manchester. We can also assist in the recovery and negotiation of legal costs following divorce proceedings.

How to initiate a divorce 

To initiate the divorce process, parties must apply for a divorce by submitting a divorce application to the court. Since April 2022, the legal grounds for divorce now focus on the acknowledgment that the marriage or civil partnership has irretrievably broken down, without the need to cite specific reasons or faults.

This move towards a no-fault divorce system aims to streamline the process and reduce acrimony between parties.

As of the revised law, individuals can indicate that the marriage has irretrievably broken down and choose not to assign blame to either party. This departure from fault-based grounds provides a more amicable approach to divorce proceedings.

There are still considerations; however, regarding the length of the marriage, as couples may need to demonstrate a minimum period of separation before a divorce is granted.

Consulting with divorce solicitors, Manchester, is crucial during this process to help you understand the legal requirements, ensuring that the divorce application is accurate and compliant with the updated regulations.

The divorce application is often followed by the acknowledgment of service, where the other party responds to the divorce petition. If both parties agree to the divorce, it is possible to apply jointly, simplifying the process. Seeking legal advice from a divorce lawyer is recommended to ensure that the necessary paperwork is accurate and complete.

How much does a divorce cost? 

The cost of a divorce can vary widely, depending on factors such as the complexity of financial settlements, child arrangements. Some divorce solicitors offer fixed fee divorce services, providing clients with clarity on costs from the outset. Court fees also apply, and these can be influenced by factors such as income and whether a financial settlement is involved.

How long does a divorce take? 

The duration of a divorce process can vary, but it typically takes several months. The first milestone is the conditional order, marking the court’s acceptance of the grounds for divorce. After this, there is a mandatory waiting period before the final order is issued. Delays may occur if disputes arise over financial settlements or arrangements for children.

What can our divorce solicitors Manchester help with?

Our network of family law solicitors based in Greater Manchester and beyond, provide a range of divorce and family law services. These include:

• Divorce proceedings: Our divorce law solicitors in Manchester help parties throughout the process of divorce and civil partnership dissolution. We assist from the divorce application, through to financial remedy proceedings.
• Financial remedy proceedings: The division of assets is an important factor in divorce proceedings. Our network of family lawyers have vast experience in all types of divorce, including those involving high net worth individuals.
• Child arrangements: When children are involved, a family law solicitor can provide invaluable advice and assistance in child arrangements.
• Pre nuptial agreements: Parties may wish to protect their assets before entering into a marriage in the event of a divorce. Our network of solicitors can provide valuable advice and assistance on this area of family law.
• Cohabitation agreements: A cohabitation agreement is a legal document made between unmarried couples who live together or plan to live together. This agreement helps to protect both parties by clearly defining how assets and liabilities should be handled during the relationship and in the event of a separation.

What do divorce solicitors, Manchester do? 

Divorce solicitors play a crucial role in guiding individuals through the legal processes and complexities associated with divorce and family law issues. Their primary objective is to provide legal services, advice, support, and representation to their clients to ensure their rights and interests are protected. Listed below are some key responsibilities and roles of divorce solicitors:

Legal advice:

Divorce solicitors provide legal advice on all aspects of divorce and family law. They help clients understand their rights, responsibilities, and the potential legal implications of their decisions.

Divorce petitions:

They assist clients in initiating divorce proceedings by preparing and filing the necessary legal documents, such as the divorce petition. This includes ensuring that all required information is accurate and compliant with the legal requirements.

Negotiations:

Divorce solicitors engage in negotiations on behalf of their clients to reach agreements on various issues, including the division of assets, financial settlements, child custody arrangements, and spousal support. Negotiating fair and mutually acceptable terms is a key aspect of their role.

Mediation and Alternative Dispute Resolution (ADR):

They may explore alternative dispute resolution methods, such as mediation, to help clients resolve issues outside of court. This can be a more amicable and cost-effective way to reach agreements.

Financial matters:

Divorce solicitors assist clients in navigating financial matters related to the divorce, including the division of marital assets, spousal maintenance, and financial settlements. They work to achieve a fair and equitable distribution of financial resources.

Child arrangements, custody and support:

When children are involved, divorce solicitors help clients establish child custody and visitation arrangements. They also provide guidance on child support issues, ensuring that the best interests of the children are prioritised.

Court representation:

If negotiations break down and court proceedings become necessary, divorce solicitors represent their clients in court. They present the case, argue legal points, and advocate for their clients’ interests during hearings and trials.

Legal documentation:

Divorce solicitors prepare and review legal documents, including financial agreements, consent orders, and parenting plans. Ensuring the accuracy and completeness of these documents is essential for legal validity.

Advising on legal rights:

They educate clients on their legal rights and help them make informed decisions throughout the divorce process. This includes explaining the potential outcomes of various legal actions and providing guidance on the most strategic approaches.

Emotional support:

Divorce can be emotionally challenging, and solicitors often provide emotional support to their clients. While they are not counsellors, they can offer guidance and empathy to help clients cope with the stress and emotions associated with divorce.

It’s important to note that divorce solicitors may specialise in family law and have expertise in areas such as child custody disputes, high-net-worth divorces, or complex financial arrangements. Choosing the right solicitor based on individual needs and circumstances is crucial for a successful and well-managed divorce process. 

Legal costs in divorce

In England and Wales, the general principle is that each party is responsible for paying their own legal costs in a divorce. This means that each spouse will typically be responsible for paying their own divorce lawyer’s fees and other legal expenses associated with the divorce process.

However, there are situations where the Court may order one spouse to contribute towards the other party’s legal costs. This is known as a costs order and is not automatic or guaranteed in every case. The Court will consider factors such as the financial positions of both parties, their conduct during the proceedings, and whether one party has been unreasonable, to determine if a costs order is appropriate.

In cases where one party has significantly more financial resources than the other, the Court may order the financially stronger party to contribute towards the legal costs of the financially weaker party. This is done to ensure that both parties have access to legal representation and a fair opportunity to present their case.

It’s important to note that the Court’s decision on costs can vary, and it is ultimately at the discretion of the judge to make such orders based on the specific circumstances of the case. Therefore, it’s advisable to consult with a solicitor who can provide personalised advice based on your situation and guide you on the potential costs involved in your divorce proceedings. 

How can ARC Cost assist?

Although we cannot provide legal advice in divorce cases, we can introduce you to our network of divorce solicitors, Manchester. Our network have a great track record for providing an excellent service to clients going through the process of divorce.

Our team of highly skilled Law Costs Draftsmen and Costs Lawyers can also assist legal representatives in recovering their legal aid fees, or in securing inter-partes costs after any such order has been made. Our team regularly assists in all types of costs claims, including divorce legal costs disputes. Our client base ranging from law firms to Litigants in Person, both privately funded and funded by the Legal Aid Agency. In inter-partes disputes, we can assist both paying parties and receiving parties.

If a divorce Costs Order had been made in your favour, we can assist you in recovering the costs owed to you. Equally, if a Costs Order has been made against you, we can assist in disputing legal costs and minimising your costs liability.

We can further assist in recovering costs from the Legal Aid Agency in privately funded cases. Using our expert costing service, we help clients maximise their recovered legal costs whilst providing expert legal advice and minimising the risk of rejected claims from the Legal Aid Agency, to ensure you maintain your KPIs.

We may receive payments from third party firms on our panel to whom we may refer your claim. We will never charge you for any referrals made to our panel of third parties.