THP Solicitors has a team of specialist divorce solicitors in Reading and Henley-on-Thames, who are experienced in all aspects of divorce, so you know you are in safe hands.
When there is a divorce, important decisions and arrangements regarding finances and/or children often need to be made at an already emotional time, so we provide a sensitive yet practical legal service to help get you through the process. Our divorce solicitors act for a wide range of clients and are experienced in dealing with all the issues that arise from a divorce, including financial settlements, property, pension splitting, business interests, and arrangements for children.
Our divorce solicitors in Reading and Henley-on-Thames will try and help you achieve an amicable arrangement with your ex-partner, using our experience to foresee issues and devise ways to resolve them. We have solicitors trained in collaborative law which is a modern method of assisting couples to resolve disputes regarding issues such as finances or children, by positively contracting out of the ‘traditional’ route of correspondence between lawyers and, potentially, Court proceedings and instead focusing on achieving a resolution through a series of meetings with both parties and their solicitors present.
Click here to view our No Fault Divorce Proceedings.
Whilst we aim to achieve the best possible result for our clients and settle financial issues without the need to go to Court, in cases where this is not possible, we have a successful track record in taking tough action in Court proceedings.
We can provide all the advice and support you need in the early stages of your divorce to help you choose the right process and help you work towards the right financial outcome for you and your family.
Our Divorce solicitors in Reading and Henley-on-Thames can help you if you decide to commence divorce proceedings or advise you if your spouse has filed a Divorce Application. We can guide you at every stage of the process through service of the relevant documents, agreeing how the costs will be dealt with and applying for your Conditional and Final Orders.
For a confidential discussion about the divorce procedure, please contact Richard Rodway in our Henley-on-Thames office or Julia Drury in our Reading office.
You must have been married for at least one year before you can apply for a divorce to dissolve a marriage. It generally makes no difference to wider issues of financial matters or arrangements for children who is divorcing who. Unlike the previous divorce process, where parties would have had to live apart for at least two years if they did not want to rely on proving to the Court that a fault of the other led to the irretrievable breakdown of the marriage, there is no specified period of separation for ‘No-Fault’ divorce. The only ground for divorce is that the marriage has irretrievably broken down.
Historically, when seeking a divorce, you had to satisfy a Court that your marriage had irretrievably broken down by relying on one of the five ‘facts’ i.e., adultery, unreasonable behaviour, desertion, or two/five years separation. However, ‘No-Fault’ divorce, officially named the Divorce, Dissolution and Separation Act 2020 came into force on 6th April 2022, at the same time changing the laws governing the dissolution of a civil partnership.
Divorcing couples can now agree to a divorce, without assigning blame or fault. It is now not possible to apportion blame for the marriage breaking down. Parties can choose between them whether to make a Sole Application for divorce or a Joint Application, in which both parties agree to divorce each other.
The introduction of ‘No-Fault’ divorce has led to a far more straightforward divorce process. The legislation also removes the possibility of contesting a divorce or the parties arguing over who should pay the costs of the proceedings.
For a ‘No-Fault’ divorce, the Applicant does not need the other party’s consent, so there is no way to contest or defend the divorce unless it can be disputed on jurisdictional grounds (international considerations), on the validity of the marriage or fraud and/or procedural compliance. It is not possible to contest a divorce on the basis that the other party does not consider that the marriage has irretrievably broken down.
The government has introduced an online divorce system to streamline the process so that people can obtain a divorce themselves, without the need to instruct a solicitor. If you are thinking of doing this, we recommend that you still speak to a solicitor in relation to financial matters during the divorce process and certainly before applying for the Final Divorce Order. This is because, after the Final Divorce Order is granted, you may lose out on state benefits, pension benefits, and any matrimonial restriction on the family home will cease. Similarly, if you win the lottery, have a windfall or receive an inheritance, your ex-partner may try to make a claim over this. Parties’ financial claims are not concluded by the divorce alone.
Yes, there are changes to the terms used, the main ones being:
A Divorce Application is sent to the Court via an online portal. If it is a Sole Application for divorce, the application can be lodged straight away by the Applicant. If it is a Joint Application for divorce, the party who lodges the Application (Applicant One) will pay the Court fee but both parties will need to approve the Application before it is issued by the Court.
Once the Divorce Application, a colour photograph of the original marriage certificate and the Court fee have been filed with the Court online, the Applicant (in a Sole Application) receives confirmation once the Court has issued the divorce, and a copy of the divorce paperwork is sent to the Respondent. The Respondent then receives an email telling them to complete an Acknowledgement of Service form, which is done online, within a specified timeframe.
The Court will notify the Applicant once the Acknowledgement of Service form has been completed by the Respondent. In cases where a Joint Application has been made, the Court will send a copy of the divorce paperwork to both Applicants and ask them to confirm receipt.
The Applicant(s) cannot apply for the Conditional Order (formerly Decree Nisi) until 20 weeks has elapsed from the Divorce Application being issued by the Court. There is a further delay of six weeks and one day from the date of the Conditional Order before the Applicant(s) can apply for the Final Order (formerly Decree Absolute) in the divorce, which concludes the proceedings.
The entire process is conducted via the online portal, and it is exceptionally unlikely that either party will need to attend a Court hearing.
Whilst the ‘No-Fault’ divorce process has simplified things, there are still circumstances when it may not be suitable for people to commence their own divorce, such as:
From making the application online to the granting of the Final Order, a ‘No-Fault’ divorce is likely to take roughly 8-10 months to complete unless there are complexities which mean that it cannot be dealt with on paper and Court hearings are necessary (although this is very unusual). Resolving financial arrangements, even if an application to Court is not required, can significantly extend the time the process takes however, potentially taking it to 12-18 months or sometimes longer in a complex case.
Remember that if you go through the process of ‘divorce’, and nothing more, then whilst you will be divorced, you could be left exposed for the future. If you do not resolve financial matters during the divorce process by way of a legally binding Court order, then your claims against each other remain open for income, capital and pensions and either of you may apply to the Court in the future for a financial order. You can find out more about financial settlements here. It is important to formally tie up financial matters between you and have an agreement enshrined in a Court Order, as if either of you has a change in circumstances, you may find that the other feels differently about how the finances have been divided at the time of the divorce. In the absence of an Order, a party’s financial claims against their ex-spouse arising from the marriage remain live, and they could bring a claim for financial relief and claim some of the other party’s wealth in future, even many years after the divorce has concluded.
If you have started the divorce yourself online and are now having difficulties, a solicitor can take over your divorce and deal with matters on your behalf at any stage of the process.
There are a number of set fees for orders during a divorce, the main ones being:
If you require assistance from a solicitor during the divorce process, which is usually recommended during negotiations over children and finances to ensure that fair and binding arrangements are put in place, you will also have to pay their legal fees and any additional costs that may arise in the course of the proceedings.
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