Divorce is a challenging and emotionally charged process, and enlisting the help of experienced divorce solicitors can make a significant difference in ensuring a smooth and fair resolution. 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. We can also assist in the recovery and negotiation of legal costs following divorce proceedings.

How to get a divorce

To initiate the divorce process, one 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 is crucial during this process to navigate 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.

Child arrangements and divorce

 

When children are involved, specific legal considerations come into play. Divorce solicitors assist clients in reaching agreements on child arrangements, ensuring the well-being and best interests of the children are prioritised. This involves creating a child arrangement plan that outlines custody, visitation schedules, and financial responsibilities.

Ancillary relief (financial remedy)

 

Ancillary relief, now known as financial remedy, refers to the legal process of resolving financial matters between divorcing parties. It involves determining how the assets, debts, and financial responsibilities acquired during the marriage will be divided between the spouses. While it is often treated as a separate proceeding from the divorce itself, the financial remedy process is an integral part of the overall divorce proceedings.

Here are key aspects of ancillary relief (financial remedy) in divorce:

Financial disclosure:

Both parties are required to provide full and frank financial disclosure, outlining their assets, income, and liabilities. This information is crucial for the court to make informed decisions about the fair distribution of financial resources.

Court intervention:

If parties are unable to reach a mutual agreement on financial matters, the court may intervene to make a decision.

The court’s primary consideration is achieving a fair outcome based on various factors, including the needs and financial contributions of each party, the welfare of any children, and the standard of living during the marriage.

Financial orders:

The court may issue various financial orders to formalise the financial arrangements between the parties. This can include orders related to the division of assets, property, spousal maintenance, and child maintenance. The financial orders are legally binding and enforceable.

Consideration of children:

The court gives paramount consideration to the welfare of any children involved. This includes ensuring that adequate financial provision is made for their housing, education, and general well-being.

Legal representation:

It is common for individuals involved in ancillary relief proceedings to seek legal representation. Divorce solicitors play a crucial role in advising clients, negotiating settlements, and presenting their case in court if necessary.

Mediation and Alternative Dispute Resolution (ADR):

Before resorting to court proceedings, parties are encouraged to explore alternative dispute resolution methods, such as mediation. These processes aim to facilitate communication and agreement between the parties without the need for court intervention.

Timing and duration:

Ancillary relief proceedings can vary in duration. Some cases may be resolved relatively quickly through agreement, while others may require more time, especially if complex financial arrangements are involved.

Enlisting the services of a divorce solicitor ensures that individuals are well-informed, receive proper legal advice, and navigate court proceedings with confidence. Whether pursuing a joint application or seeking guidance on complex financial matters, divorce solicitors provide valuable support during a challenging life transition.

What do divorce solicitors do?

Divorce solicitors play a crucial role in guiding individuals through the legal processes and complexities associated with divorce and family law matters. Their primary objective is to provide legal advice, support, and representation to their clients to ensure their rights and interests are protected. Here 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 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 the divorce solicitors on our panel.

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 regularly use the CCMS system to submit legal aid costs claims and deal with all the administration on behalf of our clients and to free up the time of fee earners, thereby ensuring you can recover your maximum legal aid fees in an expeditious and efficient manner.

To find out more about how we can provide you with assistance, please contact us at 01204 397302 or email our team of experts at info@arccosts.co.uk. Alternatively, please use our free chat facility to speak to an expert directly.