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Our divorce lawyers are specialists who understand that coming to the decision that your marriage or civil partnership has ended can be a difficult time.

If it is clear that your relationship has ended, then the first step is to consult a lawyer to discuss the process for divorce along with the other issues that may arise out of your decision, for example the settlement of your finances and arrangements for the care of your children.

Taking advice early can help put your mind at ease as you will be able to ask any questions that you may have and feel better informed about the process.

We offer an initial consultation to discuss your case with one of our family team – Free 15 minutes.

We do not offer legal aid.

A meeting can be arranged in any of our London, Camberley or Wokingham offices.

I have been married for less than a year – can I get divorced?

In order to divorce in England and Wales, parties must have been married for at least one year. In the event that you wish to formally record your separation and any agreement you have reached in relation to your finances, one option is to enter into a Separation Agreement which can stay in place until such time as you can divorce.

Can we apply for a no fault divorce?

It does not have to be. You may have heard that unless you have been separated from your partner for 2 years and they consent to a divorce, or 5 years and they don’t consent, then the only way you can divorce is if you rely on their unreasonable behaviour or adultery. This is the law as it stands, however, this will also change when the Divorce, Dissolution and Separation Act 2020 comes into effect in April 2022. Under the new law there will be no need to ‘blame’ one spouse for the divorce. In the meantime, we are experienced in drafting divorce petitions in such a way that the ‘particulars of behaviour’ are reasonably mild and anodyne if this is your preference.

My partner and I have made the joint decision to divorce – can we petition for divorce together?

No, at this time it is not possible to petition for divorce jointly. This is set to change in April 2022, when the new Divorce, Dissolution and Separation Act 2020 is expected to come into force. After this, it will be possible to petition on a joint basis.

I want to finalise my divorce as soon as possible and move on. Is there anything stopping me?

Whilst the actual process for obtaining a divorce can in theory conclude within 4-6 months, most people find that the process of resolving their finances can delay matters. In most circumstances, we advise that a party to divorce does not apply for Decree Absolute (to finalise their divorce) until the resolution of their finances. One key reason for this is that if parties divorce before their financial agreement is finalised and then one of them passes away, the other spouse may lose any spousal death-in-service pension benefits that they would have been entitled to had they remained married.

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    Family Law Webinar Series

    If you are currently going through a divorce, are considering separation or if you are interested in navigating the divorce process, then this webinar series is for you.


     

    Good Divorce Week 2022 at a time of delay and backlogs

    The leading organisation for family solicitors, Resolution, has nominated 28th November to 2nd December 2022 as this year’s Good Divorce Week.

    I don’t own the home I share with my married partner, can they make me leave?

    Whether or not you are still living at the property, we are likely to advise you to file a Matrimonial Home Rights Notice at the Land registry…

    Why do I need a solicitor for my divorce?

    We always encourage our clients to seek a financial settlement on divorce, and to have the settlement made into a binding and enforceable Court Order.

    Can I spend my savings or assets before I Divorce?

    If you were thinking of spending your savings before divorce, it is worth nothing that the court can ‘un-do’ wrongful transactions.

    No-Fault Divorce from 6 April 2022 – A landmark change

    On 6 April 2022 a person in a marriage or a civil partnership will be able file a no-fault divorce without needing to blame their spouse.

    Blue Monday sheds light on mental wellbeing during separation

    Blue Monday highlights how going through a separation can be a grieving process and such emotions can make thinking straight hard.

    Minimum Legal Age of Marriage

    There’s been lots of media coverage regarding the government’s pledge to raise the minimum legal age of marriage to 18 in England and Wales.

    Relationship advice – let’s talk about it?

    Let’s talk about mental health… If you have negative feelings about your relationship you may benefit from talking to a family lawyer.

    Family business divorce – Will we need to sell the golden goose?

    If you have decided to get divorced and you have interest in a company you may be concerned about what might happen to the golden goose.

    Mental Health Awareness Week – Self-care during relationship breakdown

    Going through family proceedings can be extremely stressful and many people find that connecting with nature can be helpful in supporting good mental health.

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    Herrington Carmichael LLP has a ‘solid reputation’ advising high-net-worth individuals with complex businesses and international assets, as well as handling child law matters.

     
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    Recent Experience

    Short Marriage settlement negotiated out of court

    Acting for and advising a high net worth client on a division of the matrimonial assets following a short marriage. The case settled out of court and we were able to successfully negotiate a settlement whereby the majority of the assets (including high value properties held by a business in which the client had a shareholding) were retained by our client.

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    Acting for and advising high net worth overseas clients on the successful negotiation of a matrimonial settlement, including property abroad and in the UK and business interests.

     

    International divorce

    Acting for and advising high net worth overseas clients on the successful negotiation of a matrimonial settlement, including property abroad and in the UK and business interests.

     

    Children dispute

    Advising a client concerning a dispute involving children whereby the unmarried ex-partner made a claim for capital, top up of child maintenance and payment of school fees under Schedule 1 Children Act 1989.

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