Divorce
Our specialist Divorce Solicitors in Cheshire will be by your side, expertly supporting you through your divorce. We are specialists in working through the division of assets and finances during divorce proceedings.
Obtaining a divorce or dissolution (in cases of civil partnership) is fairly straightforward, however the process is often complicated when there is a disagreement over financial settlements, property and children.
It is for the above reason that you should seek legal advice at an early stage from a solicitor specialising in family and divorce law. The sooner you get legal advice, the more likely it is you will be able to achieve an amicable divorce that gets you and your loved ones what you need for a positive future.
At Rowlinsons Solicitors, we have vast experience in dealing with divorce and civil partnership dissolution under a wide range of circumstances. Our friendly and experienced team will be with you every step of the way, cutting through the legal jargon so that you know exactly what is happening in a language you understand.
Wherever possible, we will help you work through your separation in an amicable way which will hopefully avoid the requirement for court proceedings. We are committed to resolving family disputes in a constructive, non confrontational manner. This can help save time and money, reduce stress and potentially enables you to keep your affairs private as opposed to court proceedings which are more public. If court proceedings are necessary, then we also have considerable experience of the same and will guide you through the process with a view to achieving a positive result.
We understand that it is important for most families to have affordable options when it comes to separations, so we offer different pricing structures that are tailored to your individual needs.
Divorce & dissolution proceedings
The legal process of getting divorced or dissolving a civil partnership is generally relatively straightforward, as long as both of you agree to end your relationship. However, there are a number of forms to complete and processes to work through and it is important that this is done correctly as it can make a big difference to how quickly and smoothly your divorce progresses. Our team can assist with submitting and responding to a divorce application as well as applying for a conditional and final order.
Financial settlements
Separating your finances is often the most legally complex part of a separation, so it is essential to get help from experienced specialists in such matters. Our team can guide you through negotiating a settlement, including using collaborative law or mediation, and obtaining a financial Consent Order We can also advise you on achieving a settlement through the courts where required if it has not been possible to reach a resolution by agreement. We will explain your financial entitlements and help negotiate a divorce settlement which takes into consideration your family home, pension rights and all other assets.
Arrangements for children
If you have children, deciding where they will live and what time they spend with each of you is often the most emotionally challenging matter to resolve. Our team are particularly sensitive to the impact on children of a relationship breakdown and their welfare is very much at the forefront of our minds. Find out more about how we can help with disputes involving children.
LGBTQ+ Divorce
Same sex marriage became legal in the UK in July 2013. Whether you are in a same sex, or opposite sex couple, the process to legally bring the marriage to an end is the same. An application for divorce is made on the basis that the marriage has irretrievably broken down (no fault divorce). This can be done by a joint or individual application and this can be started online.
Contact us on 01928 735 333 for an initial no obligation call or click here for a call back. We also have meeting facilities in North Wales for Family Law clients.
If you believe that your relationship has broken down then divorce is the procedure to legally end a marriage between spouses, whereas dissolution is the procedure to legally end a civil partnership between same sex couples.
You can only start divorce/dissolution proceedings after you have been married/in a civil partnership for a period of one year. There is only one ground for divorce/dissolution and that is the irretrievable breakdown of the relationship. An Application for divorce can be started by one party, or by both parties jointly. A statement is required in the application form to confirm that the Applicant/s believe that the marriage has irretrievably broken down.
Where an application is issued by one Applicant only, the application will be sent out the Respondent to respond to the application. In the case of a joint application, both parties submit the application jointly and the fees are paid for by agreement between both parties.
It is no longer possible to defend or stop a divorce, unless there is an argument that the issuing Court does not have Jurisdiction to hear the case, there is a dispute about the validity of the marriage, or where the marriage has already been legally ended.
Once the process has been complied with to issue the application, and any responding party has responded, a conditional order can be granted. This is the first stage of the divorce, however the parties remain legally married until the final Order is granted bringing the marriage to an end. One or both parties can apply for the final Order, which must not be granted before 20 weeks from the date the original application is issued.
If you wish to discuss applying for a divorce, or you want to speak further about what is involved in the process, please telephone 01928 735 333 and ask to speak with the family department.
Yes. We understand that not everyone will want a divorce/dissolution, whether that is due to religious, personal or financial reasons. Two alternatives to consider are:
This is a Court process which legally formalises your separation, but does not affect the legality of your relationship so you remain legally married/in a civil partnership. It is still possible to resolve some financial matters within judicial separation proceedings but there are some key differences between judicial separation and divorce/dissolution, and expert legal guidance would be needed before choosing this option.
This is a formal document, in the format of a Deed, that you and your spouse/civil partner can enter into to set out the circumstances of the separation. Again, this agreement does not legally end the marriage/civil partnership, and divorce/ dissolution proceedings would still need to be issued if you later decided you wanted to legally end the relationship.
The agreement can be useful for couples who are unable to apply for a divorce/dissolution at the time of separation, or who do not wish to straight away. It is important to be aware that a Deed of Separation Agreement is not 100% binding and cannot prevent the Court from making such financial orders as it sees fit in any later divorce/dissolution proceedings. The Court in those proceedings could decide whether the terms of the Agreement should be upheld in full or in part. Alternatively, the Court could decide due to a number of factors that the agreement is not binding, and the Court could make such financial Orders as it sees fit.
Due to these factors, it is important to take independent legal advice about the terms and effect of a separation agreement before deciding to pursue this route. To obtain advice from Rowlinsons, call us today and ask to speak with the family department.
Divorce FAQs
Getting a divorce legally brings to an end the marriage between you and your spouse. If you are in a civil partnership, the process is called a dissolution. If you want to get married again or enter into another civil partnership in the future, it is necessary to get divorced or dissolve your civil partnership first.
For some people, they have no intention of remarrying or forming another civil partnership. In these situations, going through the legal process to end the union maybe a matter of choice. However, there are some legal implications to be aware of if you chose to remain legally tied to your ex partner.
Under inheritance rules, even if you have lived separately for some time, your spouse or civil partner may still have claims against your estate if you pass away while still being legally married, or in a civil partnership.
It is also important to bear in mind there may be financial consequences of remaining legally married or in a civil partnership, and it is important to get legal advice at some point after a separation to understand fully the legal implications and options.
For more information, or to speak to a family law specialist about your particular circumstances, please telephone Rowlinsons Solicitors and ask to speak to the family department.
In some situations, it might be possible to annul a marriage, instead of getting divorced. Unlike divorce, you can apply for annulment within the first year of marriage. If you don’t apply within the first year, you might have to explain the reason for the delay.
To apply for annulment, also known as nullity, you will need to show that the marriage:
• Was never legally valid (“void”)
• Was legally valid, but meets one of the reasons that make it “voidable”
Void marriages are those that were never legally valid in the first place. For example, if you were under the age of 16 when you got married, one of you was already legally married or in a civil partnership or where you are closely related to the person you married. In the situations of a void marriage, the law states that the marriage never existed. However, you will need legal papers, such as a decree of nullity, or nullity of marriage order, to confirm this.
A voidable marriage is where the marriage was valid, but can be annulled if one of the listed reasons is met. For example, if the marriage was not consummated, the other person had a sexual transmitted disease when you got married, your spouse was pregnant with someone else’s baby, one spouse is transitioning to a different gender, or you did not give proper consent to the marriage (for example where you were forced into the marriage).
If you would like further advice about annulling your marriage, or for assistance with a nullity application, please contact Rowlinsons Solicitors who would be happy to help. Please call and ask to speak to the Family Department.
If you are applying for a divorce, the Court will need you to prove that you have given the responding party notice of the petition. Usually, the responding party, or Respondent, will respond to the application to confirm that they have received it. This will let the Court know that they have had the divorce papers, and the Court will then notify you that the conditional order can be granted.
In situations where the other person doesn’t respond to the Court to say they’ve had the divorce papers, the Court will need proof that the Respondent has had a copy of the divorce petition. There are a number of ways of doing this, from paying for a specialist agent to personally serve the papers, to applying for an order of Deemed Service. The latter applies in situations where you might have other evidence that the papers have been received.
You may want to speak to a solicitor to discuss whether notice should be given before an application for divorce is sent to Court, or not. There may be issues of safety, or concerns about delay that may mean this isn’t possible. It may also be something to consider whether a joint application should be made. These are things to speak to a qualified and experienced specialist family solicitor about.
For more information about divorce, or to speak to our expert family lawyers, please contact us and ask to speak with the Family Department.
To be able to apply for divorce, the Court needs to be satisfied that both parties have been made aware of the application. In most situations, your ex-spouse will respond to the divorce papers online, confirming that they have received them. In that situation, the Court will let you know that you can then proceed to applying for the first stage of the divorce, the conditional order.
However, in some situations, your ex-spouse might not respond to the Court when the application is sent to them. In those situations, you might need to ask someone to personally serve the divorce papers on your ex-spouse. It is important that you don’t try and do this yourself. There are rules you have to comply with when personally serving divorce papers, so it is best to get legal advice to make sure this is done properly.
In some situations, you might be able to prove to the Court that your ex has had the papers, but just hasn’t responded. This is an application called deemed service. The Court will need evidence to confirm that your ex has had the papers, and again there are specific rules you have to comply with. It is best to get a solicitor to help you with this application and to make sure it is all done properly.
For more help and advice with applying for divorce, or help with divorce papers, please contact Rowlinsons Solicitors and ask to speak to the Family Department.
It is now possible to apply for divorce online through the Government Portal.
https://www.gov.uk/divorce/file-for-divorce
Some people feel that they can do this themselves, however others may feel that they need some help and support. It is possible to have a solicitor help you with the divorce application process. You can ask a Family Law Solicitor to deal with all of it for you, and they will be able to fill in the forms, send in the application, and help you to obtain your final decree. They will also be able to help if you have any problems with your ex-spouse not responding to the application. You can get help at any stage in the divorce application process, even if you decide to do some of it yourself. It is always important to take expert legal advice from an experienced Family Law Solicitor during the divorce process. It is also important to understand that a final decree of divorce doesn’t end financial settlement claims. Both parties to a marriage can still bring claims for finances at any point in the future until there is in place a binding final financial settlement court order.
For more help or information about applying for divorce, or for expert legal advice from a Family Law Solicitor, please contact Rowlinsons Solicitors and ask to speak to the Family Department.
The cost to get divorced, or obtain a dissolution of a civil partnership, in England and Wales can vary depending on whether you obtain legal advice or not, and whether the proceedings are defended or “uncontested”.
There is a Court fee to pay to HMCTS to apply for divorce or dissolution of a civil partnership. In some situations, for example if you are on low income, you may qualify for help with legal fees. In that situation, you can ask the Court to consider a fee exemption. There is a separate form you need to complete to make that application, and you can obtain a copy on line, or from the Court office directly.
If you decide to have legal advice during the divorce or dissolution process, the costs for this can vary. If you and your ex partner are able to agree how the divorce will proceed, who will pay the costs, and if all of the forms are signed and returned when they need to be, your costs for the divorce process itself maybe relatively modest. In some situations, a fixed fee with a solicitor can also be agreed.
Separate from the divorce process itself, there could be additional legal and Court fees to deal with the financial side of matters.
If you need help with applying for divorce proceedings, or for more information about separating, please telephone Rowlinsons Solicitors and ask to speak to the Family Department.
A financial Court Order is a type of Order that can be made when two people get divorced, or dissolve their civil partnership. It sets out the financial provisions for each party in the divorce or dissolution proceedings.
A Final Order in divorce or dissolution applications is the Order which legally brings to an end a marriage. It does not however end both parties financial settlement claims against the other, which can potentially remain open until a financial Court Order is made.
Re-marriage or entering into a new civil partnership, can potentially affect someone’s ability to apply for financial settlement claims.
It is important to speak to an expert solicitor about your particular circumstances. For more information about financial Court Orders, or to organise an appointment with our expert family lawyers, please telephone Rowlinsons Solicitors and ask to speak to the Family Department.
There is no such thing as a “quickie” divorce. The same process for divorce applies to everyone and the length of time a divorce can take largely depends on the parties involved, how much has been agreed, and potentially any Court delays. It is important to understand that there is now a minimum time period between applying for divorce and obtaining either the conditions order (20 weeks) or the final order (6 weeks after conditional order).
For more information about divorce, or to speak to our expert family lawyers, please telephone and ask to speak with the Family Department.
The process to apply for divorce is exactly the same whether you are in a same sex or opposite sex marriage. You can only start divorce/dissolution proceedings after you have been married for a period of one year. There is now only one ground for divorce and that is the irretrievable breakdown of the relationship. An application for divorce can be started by one party separately, or by both parties jointly. A statement is required in the application form to confirm that the Applicant believes that the marriage has irretrievably broken down. There is a Court fee to pay to submit your application for divorce/dissolution.
Where an application is issued by one Applicant only, the application will be sent out to the Respondent to respond to the application forms. In the case of a joint application, both parties submit the application jointly and the fees are paid for by agreement between both parties. Both parties will also be required to respond to the application where the parties apply jointly.
If you wish to discuss applying for a divorce, or you want to speak further about what is involved in the process, please call and ask to speak with the Family Department.
If you are a British Citizen, but get married abroad, your marriage should be recognised in the UK provided that you followed the correct procedure for a legal and valid marriage in the country you got married in, and your marriage would be allowed under UK law.
Most countries have different rules about what constitutes a valid, legal marriage. It is important that wherever you get married, you follow the rules of that country if you want your marriage to be recognised in the UK. If in doubt, check with the local authorities about what you need to do to get legally married.
Even if you have followed the rules closely, some marriages will still not be recognised in the UK. To get married, or form a civil partnership, you must be:
Both annulment and divorce are ways to legally end a marriage. There are however a number of key differences between the two.
With a divorce, you have to wait until you have been married for at least 1 year before being able to apply. You also have to satisfy the Court that the marriage has irretrievably broken down.
An annulment can be applied for earlier than 1 year after the date of marriage, however the longer you wait after the date of marriage you might have to prove to the Court why there has been a delay. You also have to prove that the marriage was not valid, using one of two options:-
For more information about divorce or annulment, or to speak to our expert family lawyers, pleasecall and ask to speak with the Family Department.
Whatever your needs, Rowlinsons Solicitors are here to help. Our specialist Divorce Solicitors are members of Resolution. Our team is approachable, friendly and professional.
Our aim is to achieve amicable resolutions swiftly, but if litigation is necessary, we have the experience and know-how to deal with the courts effectively
By choosing Rowlinsons for advice and representation during a divorce, you are assured of having the best legal expertise on hand no matter what the situation. We are committed to providing exceptional levels of client care and will work closely and considerately with you to help find the best outcomes.
With expert Family Law Solicitors in Cheshire based in our Frodsham and Sutton Weaver offices, we are recognised as one of the leading teams of Divorce Solicitors in Cheshire. We regularly help clients through divorce and separation throughout the Northwest region including St Helens, Widnes, Warrington, Chester, and Northwich. We are able to act for clients right across England and Wales, so talk to our team today.
Call us today for an initial no obligation call or click here for a call back. We also have meeting facilities in North Wales for Family Law clients.
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