Divorce & Separation

Going through a divorce is never an easy process. You will need an excellent support in this difficult time and I am here to help you. The relationship with your adviser is a key element. I have 18 years’ experience of assisting, supporting, helping, caring, representing and fighting for spouses in divorce proceedings. If you are French or if your spouse is French, I can provide advice in French and I have great expertise in understanding the legal and cultural differences between England and France.

How to divorce?

There has been an important change of law in 2022 and since 6 April 2022 there is no need to blame the other spouse to seek a divorce. The fault has been removed and the process is now a “no-fault” divorce.

There is only one single ground for divorce: irretrievable breakdown of the marriage. Your spouse will not be able to defend the petition.

The process is all digitalised. Everything is lodged online. Legal representation is not compulsory but I strongly recommend you to seek advice from a solicitor to avoid delays in case of an error in your application.

The divorce application fee is £593 as of January 2024. You must upload a copy of your marriage certificate when you apply for a divorce. If you married in France, you can consult the Anglo-French section here.

Once your application is issued there is a waiting period of 20 weeks (cooling off period) before you can apply for the first order: the conditional order. Once you have obtained the conditional order, you will be entitled to lodge a financial consent order (if you have one) and apply for the second and last order: the final order following a period of 6 weeks + 1day from the date of the conditional divorce.

The law provides for sole application or joint application. I tend to say that the sole application is faster because when you both apply for the divorce, you will be applicant number 1 and your spouse will be the applicant number 2. You will then both need to apply online and to both confirm you wish to proceed.

The final divorce does not deal with finances, will not rule on how you will split your assets. For this you will need to issue a financial remedy application and I will guide you. Or I will lodge your final agreement if you have one already.

How to address financial claims?

You can have financial claims, whether it is in respect of a share of the matrimonial home, a lump sum payment, spousal maintenance, a share of your spouse’s pension. I will guide you to ascertain your claims. There will be an exchange of financial disclosure with your spouse by way of Forms E. You will have to indicate the value of your assets, the balances of all your bank accounts, your salary and or the value of your business. You will also need to provide a detailed schedule of expenditure and I will help you preparing your financial disclosure. The Form E is the most important document in the financial proceedings. If your spouse does not give full disclosure, you will have the opportunity to file a questionnaire that will be approved by the Court and your spouse will be ordered to provide replies within a set timeframe.

The standard process provides for 3 hearings. Everything is tailor to your needs. You may need only one hearing or none hearing at all. It is always possible to lodge a financial consent order at any stage of the proceedings.

Hearing 1 is called the first appointment.

The court will address the need of experts to produce business valuation for example. The court will also rule on the questionnaires prepared and will order replies to questionnaires.

Hearing 2 is called the Financial Dispute Resolution.

The court will guide you and your spouse to reach a financial agreement. The judge will comment on the financial offers exchanged before going to Court. The judge at this hearing is here to help both parties and cannot be the judge deciding at the final stage of your case.

Hearing 3 is the final hearing.

The court will have your witness statement and you may have to give oral evidence. This hearing can be listed for several days. Most of the cases settle between the second and the last hearing.

In order to decide on the financial measures that you will receive or that you will be ordered to pay, the Court will apply the factors listed at the section 25 of the Matrimonial Causes Act 1973.

The court must have regard to all the circumstances of the case. The court must give first consideration to the welfare of the children of the family. The checklist factors are as follow and there is no hierarchical order of importance:

• The income, earning capacity, property and other financial resources,
• The financial needs, obligations and responsibilities,
• The standard of living enjoyed by the family
• The age of each party and the duration of the marriage
• The health conditions,
• Contributions from each party,
• The conduct (it should be a financial conduct) and,
• Loss of any benefit.

Before embarking in a long and costly financial process, it is always good to envisage alternative to the Court. I trained as a mediator in England and in France, and I am here to help you find the suitable mediator who can help you reaching financial decisions you will take with your spouse. You will be an active actor of your future and because you and your spouse will take joint decision, you will both comply with them. When the decision comes from the Court there can be enforcement and execution issues that arise. It is always best to negotiate and reach your own agreements and I will help you in this way.

How to organise the children’s care?

The children care arrangements are a separate issue from the divorce suit and from the financial remedy application. Please consult the link to children matters.

If you consider a divorce, if your spouse wants to divorce, I am here to listen, advise and work with you to shape your future life in a most efficient way. I am available to discuss your matter in detail. Feel free to contact me.