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Divorce doesn’t have to be messy if you work with an experienced, straightforward legal team to make sure it’s done right. We specialise in divorce strategy – finding solutions which avoid disagreements and protect your interests.

Filing For Divorce

Replying to Divorce

Child Arrangements

Sorting Finances

FAQ

Our divorce team has a proven track record of getting results for clients cost effectively and quickly, while minimising stress and anxiety. We design a strategic divorce plan for every case. The information on this page is intended to act as a guide and does not replace legal advice.

Not sure where you stand? Our 90 minute Divorce Strategy Session is powerful way to plan your next steps. Avoid lengthy delays and costs. 

You can begin planning today with our five areas:

1

Eligibility –
Make sure you can file for divorce in the UK e.g. is your marriage legally recognised in the UK?

2

Know Your Rights –
Speak to a law firm to better understand your rights, obligations and options

3

Finances –
Make a list of your assets and liabilities (remember pension pots)

4

Property –
You can decide to sever your joint tenancy and become tenants-in-common;

5

Beneficiaries –
Until your divorce is finalised, your current spouse will have certain rights and responsibilities – draft or update your will;

Filing For Divorce

If you’ve decided to start your divorce, it can be difficult to know what to do next. Follow our steps below to check how and whether you can file for a divorce.

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Are You Eligible?

In order to file for a divorce in England & Wales, you must meet all of the below requirements:

  • you were married for more than 12 months 
  • your relationship has permanently broken down (citing one of the following reasons: Adultery, Unreasonable Behaviour, Desertion, 2 Years of Separation (and both agree to the divorce in writing) 5 Years of Separation (with or without agreement)
  • the marriage is legally recognised in the UK (in order to be legally recognised you must follow the correct process in the country where you got married). 
  • the UK is your permanent home, or the permanent home of your husband or wife
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Know Your Rights

If you have children or joint finances (for example a house or mortgage), it’s important to make sure that any agreement protects your interests now, and in the future. Our free and confidential 15 minute legal advice call service is a great way to understand your rights and obligations.
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Your Paperwork

You will need a copy of your marriage certificate and your husband or wife’s full name and address.

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The Application

In order to file for a divorce you need to complete an application form (Form D8) and send it to the court. The person who files the application is known as the ‘Petitioner.’ You can prepare the application yourself, or instruct a law firm.

SKB Law’s ‘Fixed Fee Managed Divorce’ service costs £750 (+VAT) and is a simple way to get your divorce. We can file your divorce within 48 hours of instruction, if we have your documents. As the person who starts the application process, you will also need to pay a £550 court application fee.

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Discuss Your Case

 Book our free 15 minute legal advice today.

Fixed Fee Managed Divorce (click to open)

We complete your divorce application for £750 +VAT.  You will also need to pay a £550 court application fee. Our fee is fixed – so even if your case takes longer than expected, you will only need to pay the agreed amount.  Getting your paperwork right the first time saves you time and money in the long run.

Is this option for you?

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You both agree to a divorce

our Fixed Fee Managed Divorce service is a great option if you and your spouse both agree to get a divorce – particularly if you don’t have any children or shared finances. We can submit your application within 48 hours of having your paperwork.

Not talking to each other
if you and your spouse are not talking to each other, you can still choose this option. We divide the process in two steps for you. We can start the process for your divorce application – submitting the application to the court. If you then need advice on additional services such as contested matters, children or finances, we can guide you on next steps, options and additional costs. At every stage, it is your decision on how to proceed.
Children / Finances
if you and your spouse have children or joint finances (e.g. house or mortgage), you can still choose this option. We divide the process in two steps for you. We can start the process for your divorce application – submitting the application to the court. Separately, we can guide you on next steps, options and costs in relation to your children or dividing finances, such as a Clean Break Order or a Consent Order. It is important to remember that whilst a Decree Absolute legally ends your marriage, it does not end your financial commitments to your former spouse. At every stage, it is your decision on how to proceed.
Advice you can trust
as experienced solicitors, our work is regulated by the Solicitors’ Regulation Authority (SRA).

What We’ll Do

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Arrange your first client meeting

to discuss your situation. You can do this by phone, video or in-person.

Design your divorce plan

focussed on how we can protect you and your interests, now and in the future. With your own legal team, you can ask questions and receive regular updates.

Complete, check and submit

all of the divorce paperwork for you – filing court applications and attending any court appearances for you.

Replying to Divorce Papers

If you’ve received a divorce application (Forms D8 and D10) from your husband or wife, try not to panic or react without considering your options. In general, the divorce process is the same, irrespective of who files first. As the ‘Respondent’ (the person who receives a divorce application) you will need to:

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Use your time wisely

Once you receive the divorce paperwork, you must respond within 8 days of getting the notice of proceedings. If you do not reply in time, this will not necessarily stop the divorce. The court may decide that you received the application and proceed with the divorce. Alternatively, the court may deliver the papers personally to you (at a cost to you).
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Complete the paperwork

The divorce paperwork will ask several questions – the three key questions are: 

    1. whether you agree with the divorce 
    2. whether you intend to contest the divorce 
    3. whether you will pay costs (if your ex-spouse claimed them); 
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Consider legal advice

You can complete your paperwork yourself. Given the short timescales, you may also wish to seek legal advice. A law firm can help you to understand your options and plan the best course of action for you.

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If you agree with the divorce

your divorce reply will be completed online or by post (how it is submitted will depend on how your spouse applied for a divorce and whether you have a solicitor). Once your response is submitted, the divorce application will go ahead – to a decree nisi. A decree nisi is a document that says that the court does not see any reason why you cannot divorce. Note you will still be married after the decree nisi has been granted. You will then need to wait 43 days (6 weeks and 1 day) before you can apply for a ‘decree absolute’ to end the marriage.
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If you disagree with the divorce

There are a number of reasons why you may wish to defend the divorce petition, or file your own application. You should think carefully about your reasons. Disagreeing with the divorce means there will be a court hearing – and more costs. You may wish to seek legal advice at this point. A law firm can guide you on your options, the likelihood of success and also the associated costs.

Fixed Fee Divorce Response Service

Our Fixed Fee Divorce Response service is £500 (+VAT). This is the only amount you will pay – even if your case takes longer than expected.

Our team will advise you on your options, design a plan of action, deal with all the paperwork and liaise fully with both the Court and your husband / wife or their solicitor on your behalf. Getting your paperwork right the first time saves you time and money in the long run. Separately, our team can also guide you on next steps, options and costs in relation to any children or financial matters – this work is not included in the fixed fee.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Child Arrangements

Making arrangements for children can be the hardest part of a divorce or separation. Agreeing on key issues as early on as possible will make the divorce process quicker, cheaper and importantly, in the best interests of your children. We’ve helped many parents find a practical solution on a range of issues relating to children such as

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Where the children will live

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How much time they’ll spend with each parent

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How you’ll financially support your children

If you are unable to agree on these issues, there are several options available. You may wish to consider writing a parenting plan, mediation, arbitration, or a round-table meeting. SKB Law can advise you on all options. 

Court action should be a last resort when a case involves children. If you do need to apply to the court, or if the court process has already begun, we can provide urgent advice and representation.

Quick Guide - Child Contact

It’s always best if you and your spouse can agree on arrangements for your child. We understand that’s not always possible. In such cases, you can apply for a court order. Deciding which Order you need will depend on the issue; you can apply for more than one court order. Before submitting a court application, you must show you have attended a mediation meeting first – except in certain cases such as domestic abuse. Our team can advise you on your options.

Child Arrangements Order

decides who has responsibility for the care of your child. The court will decide where your child lives, who they live with, and when and how they will see each parent (the type of contact e.g. phone call). It’s important to remember that the Court’s priority will be the welfare of your child – with a position that it is generally better for a child/children if a parent is involved in their lives. Unless stated otherwise, the CAO will remain in place until the child is 18 years old. This is a legally binding order meaning it is enforceable if one parent breaches it.

Specific Issues Order

are related to your child’s upbringing. The court will consider a specific question – for example decisions about:

  • Changing a child’s name
  • Medical care
  • Schooling or religious education  
  • Preventing someone from having contact with a child
  • Permanently moving abroad with a child

If you decide to use SKB Law, we will outline your options and design a plan which protects your interests, both now and in the future. We offer fair pricing, fixed fee options and payment plans.

Sorting Finances

Your divorce (decree absolute) does not end your financial relationship with your spouse. You must agree a financial settlement on how your assets and any debts will be split now that your relationship has ended. Your assets may include any money in the bank, your home, pensions or jewellery. 

With any financial matters, we recommend seeking legal advice prior to reaching an agreement.  We specialise in financial settlements, pre or post-nuptial agreements, child maintenance, financial consent orders and high-value assets.  

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