How to get a divorce

Discreet advice from divorce law solicitors. 

A new life for you, your family or friends starts here.

  • Divorce
  • Alternatives to divorce
  • Financial settlements
  • Civil partnerships
  • Consent Orders  after mediation
  • Cohabitation issues
  • Collaborative law
  • Child Arrangements
  • Grandparents cases
  • Domestic abuse
  • Spousal support and maintenance
  •  High Net Worth Divorce

Why Chose Our Divorce Solicitors?

Legal Fees

The cost of your family law solicitor should not be hidden. We'll charge you ÂŁ150 + VAT for your first hour consultation.  We will also provide you with a letter of advice.

Success

We've got a great track record of successfully serving our family law clients not just locally but around the UK. 

Our Lawyers

Our Family Law solicitors are experts in all aspects of family law from divorce and separation , high net worth and complex financial issues, children, grandparents cases, cohabitation and pre and post nuptial. 

“From start to finish this company provided a professional outstanding service to myself and my family at a very difficult time. The communication was consistent throughout the process from everyone involved in our case and this reflected in the positive, successful outcome we had so desperately hoped for. ” - Nikki Yianni - Family Law Client

What to Expect

Our commitment to the resolution code of practice means that the majority of our family cases reach a settlement before they need to go to court.

We've helped clients throughout Essex to reach the best possible outcome in the very sensitive area of family law.

  • Fixed Initial Costs With no Hidden Fees
  • We'll Talk You Through The Entire Process
  • The Most Cost-Effective Solution For You

Great Fees

We offer an initial 1 hour consultation for a fixed fee of ÂŁ150 + VAT

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We've successfully worked on family law cases of all shapes and sizes

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Over 50 Years' Experience

A team of specialists in each field, we're ready to offer advice and representation.

Meet the team

sue nash

Kim Joseph-Charles

Solicitor

Kim embarked on her legal journey in 1986, transitioning to a specialised focus in family law upon her admittance in 1992. Renowned for her expertise in Domestic Violence cases, Kim adeptly handles Non-Molestation Orders and Occupation Orders, alongside Divorce proceedings, and complex Children Matters—including 'live with' and 'contact' orders, as well as Financial Remedy Orders.

A mentor at heart, Kim has dedicated herself to the development of emerging solicitors within the field, maintaining enduring professional relationships with many. Her commitment extends beyond the courtroom to legal clinics and Citizens Advice Bureaus, where she offers her invaluable insight and guidance.

Kim's practice is distinguished by her straightforward approach to resolving legal matters. Recognising the emotional and financial toll of family disputes, she prioritises direct communication and efficient strategies to address the core issues swiftly, preventing unnecessary expenses. This approach has earned her widespread appreciation among clients, who value her candid and cost-effective solutions.

Specialising in the nuanced area of grandparents' rights, Kim's work underscores the importance of maintaining family bonds, ensuring that grandparents play a significant role in their grandchildren's lives.

For those seeking a seasoned family law solicitor committed to delivering results with integrity and efficiency, Kim can be reached at 01277 284542. Her proven track record, coupled with a compassionate yet assertive methodology, positions her as a leading advocate in the family law sphere, making her services highly sought after for those navigating the complexities of family legal matters.


Getting a divorce FAQs

How long does it take to get divorced?

The length of time it takes to get divorced in the UK can vary. Generally, if everything goes smoothly and both parties agree on all the issues, a straightforward divorce might take around 4 to 6 months from start to finish. This timeline includes filing the initial paperwork, waiting for the court to process the documents, and receiving the final divorce order, known as the Decree Absolute.

However, several factors can affect this timeframe. If there are disagreements over finances, child arrangements, or other matters, the process can take longer. In such cases, you might need additional time for negotiations, mediation, or even court hearings to resolve these disputes.

It's also important to note that delays can occur due to the workload of the courts. The more complex your case, the longer it might take to finalize the divorce. Therefore, while some divorces can be completed relatively quickly, others may take several months or even years to sort out all the details.

If you're considering divorce, it's a good idea to seek legal advice to understand the specific steps involved and how long it might take in your particular situation.

Get advice on divorce here.

How much does it cost to get divorced?

The cost of getting divorced in the UK can vary depending on several factors. For a straightforward divorce, where both parties agree on all issues, you will primarily need to cover the court fee for filing your divorce application, which is currently ÂŁ593.

However, it's a good idea to seek legal advice in all circumstances, to ensure the process runs smoothly and you are aware of all costs up front.

Sanders Witherspoon offer an initial consulation for only ÂŁ150 + VAT.

What is no fault divorce?

The new no-fault divorce laws in the UK, introduced in April 2022, make it easier for couples to end their marriage without assigning blame. Under these laws, you no longer need to prove that your spouse was at fault through adultery, unreasonable behavior, desertion, or separation. Instead, either partner can simply state that the marriage has irretrievably broken down.

This change aims to reduce conflict and stress during the divorce process by removing the need to attribute blame. Both spouses can now jointly apply for a divorce, or one spouse can apply alone. The court will grant a "conditional order" after a minimum of 20 weeks from the initial application, followed by a final "divorce order" after another 6 weeks, making the divorce official.

Overall, the no-fault divorce laws simplify the process, making it more straightforward and less contentious for couples to part ways amicably.

Can I get a divorce without going to court?

Yes, you can get a divorce in the UK without physically going to court. If both parties agree on the divorce and any related issues, such as finances and child arrangements, the process can be handled primarily through paperwork and online submissions.

You need to file a divorce application with the court, either online or by post. If your spouse agrees to the divorce, they will need to acknowledge the application. Once all documents are filed and agreements are reached, the court will issue a "conditional order" (previously known as Decree Nisi) and, after a waiting period, a final "divorce order" (previously known as Decree Absolute).

In cases where you both agree on everything, legal disputes are minimal or nonexistent, so there's no need for a court appearance. However, if there are disagreements that cannot be resolved through mediation or negotiation, then court hearings might become necessary to settle those disputes.

What steps should I take if domestic abuse is involved?

If domestic abuse is involved, it's crucial to prioritize your safety and the safety of any children. Here are the steps you should take:

Seek Immediate Safety:

  • If you are in immediate danger, call 999 for emergency assistance. Get to a safe place if you can, such as a friend or family member's home, or a domestic abuse shelter.

Contact Support Services:

  • Reach out to organizations that specialize in helping victims of domestic abuse, such as Women's Aid or Refuge. They can provide advice, support, and resources, including access to safe housing.

Obtain Legal Protection:

  • You can apply for a non-molestation order to protect yourself from harassment or abuse. This legal order can prevent your abuser from contacting you or coming near you.
  • Consider applying for an occupation order, which could remove the abuser from the home.

Get Legal Advice:

  • Contact a solicitor who specializes in family law and domestic abuse. They can guide you through the legal process, including how to handle divorce proceedings and child arrangements safely.

Document the Abuse:

  • Keep a record of any incidents of abuse, including dates, times, and descriptions. This documentation can be vital if you need to present evidence in court.

Consider Mediation with Caution:

  • While mediation is often encouraged in divorce cases, it may not be appropriate in situations involving domestic abuse. Your solicitor can advise you on the best course of action.

File for Divorce:

  • If you're ready, you can begin the divorce process. Your solicitor can help you file for a no-fault divorce and ensure that your safety concerns are addressed throughout the process.

Remember, your safety is the most important priority. Do not hesitate to seek help and take action to protect yourself and your children.

What factors influence the division of marital assets?

The division of marital assets during a divorce in the UK is influenced by several factors. The courts aim to achieve a fair and equitable distribution, considering the following key elements:

Needs and Welfare of Children:

  • The primary concern is the welfare of any children involved. Ensuring that their needs, such as housing, education, and general well-being, are met takes precedence.

Financial Resources and Needs:

  • The court will assess the financial resources of each spouse, including income, savings, investments, and property. They also consider the immediate and future financial needs of both parties.

Standard of Living:

  • The standard of living enjoyed during the marriage is taken into account. The goal is to maintain, as much as possible, a similar standard for both parties post-divorce.

Age and Health:

  • The age and health of each spouse can affect their ability to earn an income and support themselves in the future. These factors will influence the division of assets and potential maintenance payments.

Contributions to the Marriage:

  • Contributions by each spouse, whether financial or non-financial (such as homemaking and raising children), are considered. The aim is to recognize both partners' efforts and sacrifices.

Length of Marriage:

  • The duration of the marriage impacts asset division. Generally, longer marriages may result in a more equal division of assets, while shorter marriages may see a different approach.

Future Earning Capacity:

  • The court considers the potential future earning capacity of each spouse. If one partner has sacrificed career opportunities for the marriage, this may be recognized in the asset division.

Existing and Future Financial Obligations:

  • Both existing liabilities and future financial obligations, such as debts, mortgages, and pensions, are taken into account.

Pre-existing Agreements:

  • Any prenuptial or postnuptial agreements made between the spouses can influence the division of assets, provided they are deemed fair and were entered into voluntarily.

Conduct:

  • In rare cases, the conduct of either spouse might be taken into account, but usually only if it is deemed exceptionally bad or relevant to the financial matters at hand.

These factors collectively help the court decide on a fair division of marital assets, aiming to achieve a balanced outcome for both parties.

What is the difference between a legal separation and a divorce?

In the UK, a legal separation and a divorce are two different processes that address marital breakdowns. A legal separation, also known as a judicial separation, allows a couple to live apart without ending their marriage legally. This option is often chosen by couples who have religious or personal reasons for not wanting to divorce.

During a legal separation, the court can make decisions about financial arrangements, child custody, and other important matters, similar to what happens in a divorce. However, unlike a divorce, a legal separation does not dissolve the marriage, meaning that neither spouse is free to remarry.

Divorce, on the other hand, is the legal process that ends a marriage permanently. Once a divorce is finalized, both individuals are legally single and can remarry if they choose. Divorce involves filing for a divorce order, which goes through several stages before the final order is granted, officially ending the marriage.

What if children are involved?

When children are involved in a divorce in the UK, several key considerations come into play to ensure their well-being:

Child's Best Interests:

  • The primary consideration is the best interests of the child. Courts prioritize the child's welfare and aim to minimize the impact of the divorce on their lives.

Living Arrangements:

  • Decisions need to be made about where the children will live and how much time they will spend with each parent. This can involve shared living arrangements or primary residence with one parent.

Parental Responsibility:

  • Both parents retain parental responsibility unless otherwise ordered by the court. This means both are expected to make important decisions regarding the child's upbringing, education, and health.

Child Maintenance:

  • Financial support must be organized, ensuring that the child's needs are met. This typically involves regular payments from the non-resident parent to the parent with whom the child primarily lives.

Communication and Co-Parenting:

  • Effective communication between parents is crucial to co-parenting successfully. Both parents should work together to maintain stability and consistency in their child's life.

Child’s Voice:

  • Depending on the child's age and maturity, their wishes and feelings may be considered when making decisions about their living arrangements and other significant issues.

Legal Agreements:

  • Parents can create a parenting plan and agree on arrangements amicably, or if necessary, seek court orders such as Child Arrangement Orders to formalize the terms.

Ensuring these considerations are addressed helps to protect the child's emotional and physical well-being throughout the divorce process.

Get legal advice on family law now.