Divorce, separation & financial matters

How our Family Law team can assist with a divorce or separation

Undergoing a divorce or separation is a traumatic process for both parents and children. It can also have a major impact on your family and finances if it isn't handled correctly. 

Our specialist divorce solicitors in London, Kent and the South East are here to offer all the expertise and support you will need to get through your divorce and navigate the division of the associated finances successfully and with the most beneficial outcome possible.

We can advise on applications for child maintenance and assist in negotiations to reach child maintenance agreements on divorce/dissolution or separation.

Covering Bromley, West Wickham, Beckenham, Sevenoaks and London, our family solicitors also advise in large and complex divorce cases including those involving private companies, property portfolios, trusts, possible hidden assets and international investments. They also advise and assist in relation to applications for enforcement and variation of financial orders.

Top 10 things to consider when facing a divorce or separation in the UK

Whether you are considering a separation or divorce or have already made an initial enquiry, being prepared is crucial. Planning ahead can save time, reduce stress, and ensure your rights are protected. Here are our top 10 things to think about before proceeding.

1. Consider reconciliation
   Ask yourself: is there any hope of reconciliation?
   • Marriage counselling or therapy could help.
   • Organisations like Relate provide professional support:  Home | Relate
2. Clarify your goals
   If reconciliation isn’t possible, start thinking about your options:
   • How do you want the separation to look?
   • What do you want for yourself, your partner, and your children?
3. Organise financial information
   Start gathering key financial details:
   • Value of property and outstanding mortgage
   • Savings, investments, and pensions
   • Credit cards, loans, and income
     Your solicitor can request information from your partner if you don’t have access to it.
4. Pensions are crucial
   Dividing pensions is an important part of divorce:
   • Ask your pension provider for a valuation
   • Often referred to as a Transfer Value or Cash Equivalent Value (CEV)
5. Track day-to-day outgoings
   List your regular expenses to get a clear picture of financial needs:
   • Mortgage repayments
   • Utility bills and loans
   • School, nursery, or childcare costs
6. Research family lawyers
   • Some firms offer initial free meetings, but these may be time-limited.
   • Fixed-price consultations can give you more time and comprehensive advice.
     Choose a solicitor who understands your situation and explains advice clearly.
7. Don’t be afraid to change solicitors
   • If you don’t feel comfortable with your first solicitor, try another.
   • Your legal representation should make you feel understood and supported.
8. Discuss costs upfront
   • Explain your budget to your solicitor.
   • Family lawyers often accommodate ad hoc meetings and flexible arrangements.
   • Ask about hourly rates and whether a senior or junior solicitor is best suited for your needs.
9. Consider Alternative Dispute Resolution (ADR)
   ADR can help resolve disputes without going to court:
   • Forms of ADR include Mediation, Arbitration, Collaborative Law, and Private Financial Dispute Resolution Hearings.
   • ADR can save time, costs, and maintain amicable relationships, especially where children are involved.
     For family mediation: Family Mediation Council
10. Use reputable online resources
    • Remember: every divorce is unique. What happens in one case may not apply to yours.
    • Recommended resources:
      1. Divorce and separation | Advicenow
      2. Supporting your child through divorce and separation | Cafcass
      3. Home - Women's Aid (womensaid.org.uk)

Preparing for divorce or separation in the UK requires careful planning, from finances and legal advice to considering your children’s needs. Following these top 10 considerations will help you navigate the process more confidently and reduce potential disputes.

FAQs Divorce (UK)

We provide answers to common UK divorce FAQs, including how to apply for divorce, costs, timeline, conditional and final orders and financial considerations.

How do I apply for a divorce or end a civil partnership?

You can apply online or by post. A solicitor can do this for you, or you can apply yourself.

To apply online, you’ll need to create an account using the GOV.UK divorce application service.

You can apply:

• Jointly with your spouse/civil partner (Applicant 1 and Applicant 2), or
• Solely, where you are the applicant and your spouse/civil partner is the respondent

You will need:

•  Your original marriage certificate (a copy must be uploaded)
• Both parties’ full names and addresses

If applying by post, complete Form D8 and send it to the address on the form.

How long does a divorce take in the UK?

The process takes at least 26 weeks and involves several stages:

Application issue

• This may take a few weeks
• Sole applications: the court (or your solicitor) serves the application within 28 days, and the respondent has 14 days to acknowledge
• Joint applications: both parties acknowledge within 14 days

Conditional Order

• Can be applied for after 20 weeks from the issue date
• The court will confirm when it will be granted

Final Order

• Apply 6 weeks and 1 day after the Conditional Order
• Financial matters should be resolved before this stage (see our Divorce Finances FAQs)

How much does a divorce cost in the UK?

• Court fee: £612
• You may qualify for a reduced fee if you are on a low income or receiving benefits (see: Help with Fees – GOV.UK)
• Solicitor’s fees are additional if you choose to instruct one

What if we still need to sort out finances?

You must have a Conditional Order before the court can make a Financial Order.

It is often advisable to begin divorce proceedings early to avoid delays in resolving finances.

However, you should not apply for the Final Order until financial arrangements are fully resolved and approved by the court.

Why should you wait before applying for the Final Order?

Once the Final Order is granted:

• You lose your legal status as a spouse
• You may lose entitlement to:
  o    Pension benefits
  o    Death-in-service benefits
  o    Life insurance payouts

Are there other financial risks?

• Pension sharing orders must be in place before the Final Order
• Life insurance policies may only cover a legal spouse
• If your spouse dies before finances are resolved, inheritance claims may become more complex and uncertain

When is it safe to apply for the Final Order?

✔ Financial disclosure is complete
✔ Pension values are obtained
✔ A Financial Order (Consent Order) is approved by the court

Recommended sequence

1. Conditional Order granted
2. Financial agreement reached
3. Financial Order sealed by the court
4. Apply for the Final Order

Bottom line: Applying too early can have serious and permanent financial consequences.

What if my spouse refuses to cooperate with a divorce?

A spouse or civil partner cannot prevent a divorce simply by refusing to engage. Defending a divorce is only possible in very limited technical circumstances.

If your spouse:

• refuses to log in
• Ignores court communications
• Withdraws from a joint application

The application can continue as a sole application.

Converting a joint divorce to a sole application

This is a standard process:

• Apply to continue as a sole applicant
• No consent from your spouse is required
• You do not need to restart the process

Once converted:

• The divorce continues as a sole application
• Your spouse becomes the respondent
• Their lack of cooperation does not prevent progress

Common Scenarios Where a Spouse Does Not Engage

1. No response to a joint application
   •    Log into the online system
   •    Select “Continue as a sole applicant”
   •    Confirm the reason (e.g. lack of cooperation)
   •    The court will arrange service
2. No acknowledgement of service
   This does not stop the divorce.
   You can proceed using alternative service methods:
   •    Deemed service
   •    Alternative service
   •    Dispensed service
3. Failure to Apply for Conditional or Final Order
   You can:
   •    Convert to a sole application
   •    Apply for the relevant order yourself

Do time limits still apply?

Yes. The statutory timeframes remain:

• Minimum 20 weeks from application to Conditional Order
• Minimum 6 weeks and 1 day from Conditional Order to Final Order

Your spouse cannot delay the process by refusing to act.

Divorce or civil partnership dissolution in the UK: A step-by-step guide

The process for divorce and civil partnership dissolution in the UK follows the same legal steps. Understanding the timeline, paperwork, and requirements will help you navigate the procedure efficiently and avoid delays.

Step 1: Apply for divorce or civil partnership dissolution

You can apply:

• Online via GOV.UK
• By post using Form D8

If the other party agrees, you can submit a Joint Application.

Step 2: Application issued

• Once your application is received, the court processes it within a few weeks.

Step 3: Court serves papers on the other party

• The court sends the application to your spouse or civil partner (the Respondent) within 28 days.

Step 4: Other party submits joint application

•  If the other party refuses to apply, convert your case to a Sole Application.
• The other party becomes the Respondent.
• If they fail to return the Acknowledgement of Service, alternative methods of service may be used.

Step 5: Wait 20 weeks from application date

• After 20 weeks, you can apply for the Conditional Order.
• For joint applications, the other party must also apply for their Conditional Order.
• If they refuse, convert the application to a Sole Application.

Step 6: Apply for Conditional Order

• The court will notify you by email when you can apply, 20 weeks after your application was issued.
• Log in to the GOV.UK service to submit your Conditional Order application.

Step 7: Conditional Order made

• The court will email confirmation once the Conditional Order is granted.
• Download and save a copy for your records.

Step 8: Resolve finances before Final Order

Before applying for the Final Divorce or Dissolution Order:

• Complete financial disclosure
• Confirm pension values
• Get a Financial Order approved by the court

Do not rush this step. Applying for the Final Order before resolving finances may affect your legal and financial rights.

Step 9: Wait 6 weeks + 1 day

• You must wait at least 6 weeks and 1 day after the Conditional Order before applying for the Final Order.
• If more time is needed to resolve finances, this is fine.

Step 10: Apply for Final Order

• Earliest: Week 26+ from initial application.
• If your spouse or civil partner refuses to apply, continue as a Sole Application.

Step 11: Final Order made

• Once the Final Order is granted, your divorce or civil partnership dissolution is complete.

Key takeaways

• Understanding the timeline and steps avoids delays
• Resolve finances first to protect pensions, insurance, and inheritance rights
• A Sole Application ensures the divorce proceeds if your spouse is uncooperative

Looking to take the next steps with a separation or divorce?

We’re offering a free 30-minute telephone consultation to help you understand how our firm supports clients through divorce, parenting arrangements, property matters and more. This initial conversation is designed to learn about your situation, answer general questions about our services, and help you decide whether we’re the right fit for you.

There’s no obligation—just a chance to talk with a dedicated family lawyer and explore your options moving forward. Terms and conditions apply please speak to the team for more details.

After your free consultation, we may invite you to become a client of the firm. Until you formally engage us, we are still able to speak with your ex-partner or spouse if they contact us separately. Once you choose to instruct us, we will represent you exclusively and will no longer be able to speak with them about the matter.