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Navigating a divorce can feel overwhelming, particularly when you are trying to understand your legal rights, financial position and the practical steps involved. At Glanvilles Solicitors our experienced Family Law team provides clear, pragmatic advice tailored to your circumstances. Whether you are considering separation, commencing divorce proceedings or negotiating a financial settlement, we are committed to guiding you through the process with confidence and clarity.
Below, we answer some of the questions we are most frequently asked about divorce and financial matters.
No. Since the introduction of no-fault divorce in England and Wales in April 2022, you do not need to rely on adultery, unreasonable behaviour or any other allegation against your spouse. You simply need to state that the marriage has broken down irretrievably. Also, your spouse does not have to agree to the divorce, as a divorce cannot be contested. However, if they do not sign the paperwork, the divorce process is likely to take a little longer.
Since the introduction of no-fault divorce, the process is generally more straightforward than it was previously. However, there are still mandatory waiting periods built into the system.
A divorce will typically take a minimum of around six to seven months from the application being issued to the Final Order being granted. This includes a compulsory 20-week reflection period between the start of proceedings and the application for the Conditional Order, followed by a further 6 week waiting period before the Final Order can be obtained.
It is important to remember that the divorce itself is often the simplest part of the process. Resolving financial matters, pensions, property arrangements and child-related issues can take considerably longer. For this reason, parties are usually advised not to focus solely on the divorce timetable but also on achieving a fair and legally binding financial settlement.
Many people assume that divorce automatically means all assets are divided equally. In reality, the law is more complicated.
The court's overriding objective is fairness. Whilst a 50/50 division is likely the starting point in many cases, it is not always the final outcome. The court will consider a range of factors including:
Every case depends on its own facts, which is why obtaining tailored legal advice is essential.
Pensions are frequently overlooked during divorce, yet they can be among the most valuable assets accumulated during a marriage.
A pension is not simply retained by the person in whose name it is held. There are several ways pensions can be dealt with, including:
In long marriages in particular, pension assets can have a significant impact on the overall settlement. It is therefore important not to focus solely on bank accounts or the family home when considering financial arrangements.
Yes. Many couples reach agreements through:
Our Family Law team is committed to helping clients resolve disputes constructively wherever possible. We can advise on and support a range of Non-Court Dispute Resolution (NCDR) options, including mediation, collaborative law, solicitor-led negotiations and private dispute resolution
Once an agreement is reached, it is usually advisable to record it in a Consent Order approved by the court.
A Consent Order is a legally binding document that records the financial agreement reached between divorcing spouses. Once approved by the court, it turns the terms of your agreement into a court order, providing certainty and protection for both parties.
Many couples assume that because they have reached an amicable agreement, there is no need to formalise it in a consent order. However, this can be a significant mistake. Even after a divorce has been finalised, financial claims between former spouses will remain open unless they have been dismissed by a court order or remarriage.
A Consent Order can provide a clean break, bringing financial ties between former spouses to an end and preventing either party from making further claims in the future.
Every family's circumstances are different, and the information above is intended as a general guide only. Whether your concerns relate to the family home, pensions, child arrangements, financial settlements or simply understanding the next steps, obtaining legal advice can make a significant difference.
At Glanvilles, you can consult one of our Solicitors in the Family team for tailored advice to suit your individual needs as well as in an office location that works best for you. Call us on 01798 342391 or email us at hello@glanvilles.co.uk.
Article submitted by Family and Matrimonial Paralegal, Elspeth Rossiter, assisted by Partner of our Family and Matrimonial Department, Jane Hodge.
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice, and should not be relied upon as advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. All content was correct at the time of publishing. Legal advice should always be sought in relation to specific circumstances.