Hollie Burne
What are the grounds for getting divorced?
Getting divorced and dealing with your finances and any children related issues, can be legally complicated – it involves following a...
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Divorce can be an extremely difficult and emotionally charged time and divorce proceedings can seem complicated and confusing. It is very important that you reach out to an expert divorce lawyer as early as possible so you feel informed and empowered before you commit to any decisions.
Our team of qualified, experienced and approachable divorce specialists are ready to support you every step of the way, providing tailored advice and working constructively and amicably to secure the best possible outcome for you and your situation.
We are proud to support the people of Ripon, Thirsk, Bedale, Northallerton, Leyburn and the surrounding areas of North Yorkshire and Cumbria. In order to understand your situation and how we can help, we offer a free 30 minute consultation; for local clients we can arrange a face to face meeting at one of our offices, located in the heart of Ripon, Thirsk and Bedale and we are also happy to arrange a meeting via phone or video call if you would prefer or live further afield. We want you to feel comfortable with whoever you speak to so please let us know if you woud prefer to deal with a male or female solicitor.
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Divorce
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And more - get in touch with your individual needs
Liz Kidd and Annabel Ashford have been an incredible help.
I had no idea about any of the legal side to divorce and they have gone above and beyond to help me through one of the hardest parts of my life! Thanks to them I have come out of this with a big sigh of relief and a better/fair understanding! Without them I would have been in a very different position!”
INTRODUCING OUR TEAM OF EXPERIENCED DIVORCE LAWYERS
Team
You can expect a warm welcome from our friendly family law team and you will receive a dedicated Solicitor who will support you throughout the entire process. We will provide tailored advice specific to your individual circumstances and we won’t use any unnecessary legal jargon. You will receive regular updates from us and we will work hard to ensure a fair and acceptable outcome for you.
Initiate Divorce Proceedings
Respond to divorce proceedings
Contest Divorces in Exceptional Circumstances
Since new laws were introduced in 2022, it is no longer possible to contest a divorce except in exceptional circumstances including jurisdiction, if you can prove the marriage or civil partnership was never valid or if the marriage/civil partnership has already legally ended. Contact us to find out more.
Financial Settlements
Divorce does not resolve financial matters therefore a financial settlement must be reached separately. If you are in agreement regarding finances, the agreement should be made in writing (known as a consent order) and submitted to the Court for approval. If you cannot agree, you will need to make an application to Court so a judge can make the decision. This is known as financial remedy proceedings. We highly recommend seeking advice from our family law team to safeguard your interests and ensure a fair and acceptable outcome. We can draft a consent order or help you with making a financial remedy application. If you are still trying to reach an agreement we will consider what methods are appropriate to try and resolve the issues, for example mediation or us negotiating on your behalf.
OUR SERVICES EXPLAINED
Initiate Divorce Proceedings
Our experienced solicitors will assist you to begin the divorce process smoothly by supporting you to complete and submit your divorce application, either as a sole applicant or joint applicants.
Respond to Divorce Proceedings
If your spouse has initiated the divorce, we will support you to complete and submit the acknowledgement of service to the court within 14 days of service i.e. receipt of the application.
Contest divorce proceedings in exceptional circumstances
Financial Settlements
Arrangements for Children
Divorce does not resolve any children’s issues such as contact or child maintenance. These must be dealt with separately, either by agreement, or if you can’t agree, by making the appropriate application. We recommend taking legal advice as early as possible. Our specialist family and children law solicitors will support you to reach an agreement as quickly and amicably as possible.
Arrangements for Children
Change of Name
If you would like to change your name or your children’s names following your divorce or civil partnership dissolution, we’ll advise you on the process including which documents you will require and who you’ll need to inform, prepare the necessary paperwork and arrange execution including informing the relevant authorities.
Change of name
Farming Divorces
Farming Divorces
Divorces that involve farms can be complicated and require additional considerations. There may be many assets involved or complex ownership structures and whilst it is certainly possible to settle without going to court, for example through mediation, it may be necessary to come to a fair resolution. Our team of specialist family and agricultural law solicitors will support you every step of the way.
Contact your local branch to arrange an initial meeting today.
RIPON
THIRSK
BEDALE
FREQUENTLY ASKED QUESTIONS
Do I need a solicitor to get divorced?
Whilst it isn’t mandatory, seeking assistance from a Solicitor can be highly beneficial to ensure that all paperwork is prepared correctly in relation to the divorce, finances, and any children’s issues. Please note that getting divorced by itself does not deal with finances or any children’s issues. They can however be dealt with at the same time. Our team of family and children specialists are dedicated to protecting your interests and ensuring a smooth, legally sound process for a fair and acceptable outcome for you.
How much does it cost to get divorced?
The total cost of the divorce will depend on whether you only wish to get divorced, or whether you also wish to deal with finances and any children’s issues. Further, various factors can affect the cost such as lack of cooperation from your spouse and the complexity of your finances etc. In addition to our legal fees there will also be court fees, for example £593 to process the divorce application, or £232 to process an application for a child arrangements order. Please be reassured that at Eccles Heddon we pride ourselves on giving the best legal advice for the fairest price. Contact our friendly, approachable team of solicitors today for a quote.
How long will it take me to get divorced?
In relation to the divorce itself, from the court issuing your divorce application to obtaining your final order of divorce, the divorce process in England and Wales takes a minimum of six months. This includes two key waiting periods: a twenty-week cooling-off period after the court has issued the application before the conditional order can be granted, and a six-week waiting period once the conditional order has been granted before you can apply to the court for a final order. If you also wish to deal with finances it is generally advisable not to obtain your final order of divorce until finances have been resolved. This changes the timeline and on average it may take six months to one year from issue of your divorce application to obtaining your final order of divorce and your final financial order. If you do not agree in relation to children’s issues it can take several months to obtain a court order, however, this will not affect the timeline for obtaining your final order of divorce or your final financial order. Several factors can affect the timeline such as lack of cooperation from your spouse, the complexity of your finances, the complexity of any children’s issues, and any court delays. We will make sure we work effectively and efficiently to make the divorce process as smooth and quick as possible for you.
Can I get a "no fault" divorce?
Yes, since a change in the law on 6 April 2022 there is only no-fault divorce in England and Wales.
What if my spouse contests the divorce?
It is no longer possible for you or your spouse to contest a divorce application except in a few, exceptional circumstances.
Can we formally separate without getting divorced? What are my options?
Getting a divorce officially ends a marriage, but if you don’t want a divorce you can consider judicial separation. Applying to the court for a decree of judicial separation means you are still legally married however it allows you to deal with most, but not all, of your finances in the same way divorce does. It is typically used where there is moral objection to divorce. You can also annul the marriage in situations where the marriage counts as ‘defective’ or isn’t legally valid.
How is it decided what happens to our children?
Deciding what happens to your children following a divorce can be complex, emotionally charged and overwhelming at times. We can offer advice in relation to parental responsibility, child maintenance, relocation and court orders and more. There is a no order presumption in relation to children’s issues, meaning the court would prefer you resolve matters between yourselves instead of a judge having to make an order. We always recommend trying to reach an acceptable agreement outside the courts but if an agreement cannot be reached, we will help you navigate court proceedings.
How is property divided during a divorce?
Any assets, for example the family home, business property, and agricultural land, will be covered as part of the financial settlement. International assets are more complex to deal with, however, we can provide advice in relation to them. Our team of solicitors have extensive experience within the agricultural, residential and commercial property sector and will guide you through the process to ensure a fair outcome.
What are my rights during a divorce?
Divorce can be straightforward but, depending on your individual circumstances, it can be more complex. We can advise you regarding your rights in relation to finances, as well as what action you can take regarding any children’s issues. Contact us to find out more.
When will I be able to remarry after a divorce?
Once your divorce is complete (i.e. you have a final order of divorce) you are free to remarry. It is important that you resolve financial arrangements from your previous marriage and obtain a final financial order from the court before you remarry, otherwise this can have significant implications on your financial settlement.
What does the process look like if I am a victim of domestic abuse?
Eccles Heddon have extensive experience in domestic abuse cases and you can trust us to provide you with the advice required to protect you and any children you may have and support you every step of the way. Depending on your individual circumstance we may be able to obtain a non-molestation order, occupation order, or an injunction. Please note that legal aid may be available when domestic abuse is involved, however, we do not currently offer it. If you would feel more confident speaking with a female or male solicitor about your situation, just let us know,
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