Family Breakdown & Divorce

We can advise on and issue divorce/civil separation proceedings for heterosexual or same sex couples. We can also provide advice on every step necessary to obtain a separation.

You can get divorced if the following are true:

• you’ve been married for over a year
• your relationship has permanently broken down
• your marriage is legally recognised in the UK (including same-sex marriage)
• the UK is your permanent home, or the permanent home of your husband or wife

When applying for a divorce, you need to prove that your marriage has broken down and cannot be saved.

Prior to the new laws coming into place you did previously need to give one or more of the following 5 reasons (also known as ‘facts’).

Adultery - Your husband or wife had sexual intercourse with someone else of the opposite sex (committed adultery).

You cannot give adultery as a reason if you lived together as a couple for more than 6 months after you found out about it.

Unreasonable behaviour - Your husband or wife has behaved in such a way that you cannot reasonably be expected to live with them.

Desertion - Your husband or wife has left you for at least 2 years before you apply for divorce.

You can still claim desertion if you have lived together for up to a total of 6 months in this period, but that will not count towards the 2 years.

Separated for 2 years - You can apply for a divorce if you have been separated for at least 2 years before applying for divorce and you both agree to it.

5 years separation – You have been separated for at least 5 years before applying, even if your husband or wife disagrees.

This changed in April 2022 when the new ‘No Fault Divorce’ came into effect. The Divorce, Dissolution and Separation Act 2020 changed the 5 points above and now all you need to show is that the marriage has irretrievably broken down and do not need to confirm any of the above points. The idea behind this is so that there is no blame which means that separation can be more amicable.

Simplified Procedure

1. You complete the divorce petition either as a sole or joint application and confirm why the marriage has broken down irretrievably. You then send your marriage certificate and the relevant fee to the correct court. (This can now be done online)
2. Your spouse receives the Acknowledgement of Service and should reply if the application was not joint within 14 days of receiving the same.
3. You apply for the Conditional Order/Decree Nisi 20 weeks after receiving the acknowledgement receipt.
4. The Conditional Order/Decree Nisi is pronounced.
5. Six weeks and one day later you can apply for the Final Order/Decree Absolute.
6. You receive the Final Order/Decree Absolute and are officially divorced.

Costs

You can apply for a divorce online yourself and only need to pay the Court fee of £593.

We offer a fixed fee service in respect of your divorce:

• Legal fee for Applicant = £1,000 + VAT – on the basis that the divorce is not defended.
• Legal fee for Respondent = £450 + VAT.

Disbursements:

• Court fee = £593.
• Clean break consent order – if agreed £500 + VAT and court fee £58
• Process server fee – if your spouse does not respond to the divorce, the fee varies but is usually between £150 - £250 + VAT.

Settling financial matters on divorce is often the most worrying and complex part of a divorce. Here at Jennings Solicitors, we hope to take the stress away from the situation for you. The law in this area is very flexible to enable courts to achieve fairness. However, the outcome of any hearing depends very much on the individual circumstances of each case. We know that the outcome of these proceedings will affect the rest of your life and we have to get it right!

The law concerning financial disputes is discretionary and therefore uncertain. Each divorce case is dealt with on its own facts with first consideration always given to the welfare of any minor children.

The Court will also consider the following and more:

• The income, earning capacity and resources which each person has or is likely to have in the foreseeable future.
• The financial needs and responsibilities that each person has or is likely to have in the foreseeable future.
• The age of each person and the duration of the relationship.
• Any disability of either of the persons.
• The contributions each person has made.
• The conduct of the parties.
• The value of any benefit which a person will lose the chance of

The Courts first priority is the welfare of the children and then to meet both persons’ needs.

It is usually the case that a family's main asset is the family home. The courts have to give specific priority to the needs of any children and so it is always important to make sure that a suitable home is available for them. It may be that the family home may have to be sold with the proceeds divided between the couple, the division of the net proceeds being dependant on the specific circumstances of each case. Another option is for the family home to be transferred to one spouse, the other receiving a greater share of other assets. A less common approach, when there are few other options available, could allow one person to stay in the house with the other keeping an interest in the property until it is sold. A usual trigger event for the sale of the property is when the youngest child has finished full-time education. There are so many options available and we will advise you of the most likely option in your situation.

Pensions can also contribute a huge amount to the matrimonial pot and so a pension sharing order may be a consideration. Pension sharing will not be appropriate in all cases and, where it is an option, the fund will not always be divided equally. This can be a very complex area and one in which, once again we here at Jennings Solicitors can offer specialist expert advice.

Any financial agreement should be formalised in a Court Order, only then is the agreement binding, and if one person defaults on any part of the agreement, steps can be taken to enforce the Court Order.

If no financial order is sealed after you divorce, and, for example you come into an inheritance, your ex may make a claim against those funds at any time, unless you have a sealed financial order in place.

If you both come to an agreement about the finances on divorce, you still need this agreement drafted into a consent order for the court to seal. The court will not just rubber stamp it, the court has to ensure that it is fair and reasonable, taking into account all the circumstances of your case.

Whilst we cannot take the pain out of your divorce and separation, we can ensure you receive the very best advice from a team of experienced and sympathetic lawyers.

Whether you come to an agreement with your ex, need help in reaching an agreement or need help to dealing with finances if your ex is not cooperating, we are here to help.

Costs

We offer an initial meeting up to 60 minutes for matters involving matrimonial finances for a fixed fee of £200 + VAT. Thereafter as per the costs of the solicitor that you instruct. This hourly rate, invoice structure, and anticipated costs will be discussed with you at the initial meeting.

Pre-Nuptial Agreements are always a good idea if both parties have assets that they are bringing to a marriage. These agreements set out ownership of property and assets and set out what should happen with these assets if the marriage was to break down.

Pre-Nuptial Agreements are not binding but will be a relevant and persuasive factor for the court to consider should future financial proceedings be issued.

The effects and consequences of these agreements will be explained to you in detail. Pre-Nuptial Agreements are the best way to protect individual assets if you plan on marrying.

Costs

Our fixed fee Pre-Nuptial Agreement costs £800 + VAT.

Included in this fixed fee:

• The initial meeting in which we will take your details and you can explain your circumstances. We will then provide you with advice in relation to your situation and in relation to how the agreement should be drafted.
• We will advise you as to the implications of signing the agreement.
• We will take all of your financial details and draft a Schedule setting this information out to attach to the agreement.
• We will then draft the Pre-Nuptial Agreement for you.

What is not included in this fixed fee is:

• Any other work or negotiations required in agreeing or implementing the agreement.

These are agreements like Pre-Nuptial Agreements and again set out the position of assets and ownership and also what should occur in the event that the marriage should break down. These agreements are drafted after the marriage has occurred.

When correctly drafted, such an agreement is extremely difficult to challenge the terms contained therein. Whilst they are not legally binding, they are more likely to be upheld in court, as there is no looming wedding date putting pressure on anyone to sign. It is common to draft the terms of a Pre-Nuptial Agreement into a Post-Nuptial Agreement to strengthen the agreement, they are also drafted if circumstances have changed since the Pre-Nuptial Agreement was signed.

Costs

Our fixed fee Post-Nuptial Agreement costs £800 + VAT

Included in this fixed fee:

• The initial meeting in which we will take your details and you can explain your circumstances. We will then provide you with advice in relation to your situation and in relation to how the agreement should be drafted.
• We will advise you as to the implications of signing the agreement.
• We will take all of your financial details and draft a Schedule setting this information out to attach to the agreement.
• We will then draft the Post-Nuptial Agreement for you.

What is not included in this fixed fee is:

• Any other work or negotiations required in agreeing or implementing the agreement.

A “Deed of Separation” is a written document that sets out arrangements between a married couple that is separation. On separation, some couples do not wish to divorce immediately but do want to set out the financial arrangements so as to have peace of mind in this regard. It is for these couples that a Deed of Separation is advised.

The Deeds are tailored to each individual couple and confirm the couple’s agreement concerning settling the matrimonial finances.

Should the couple proceed to divorce, the Deed can be redrafted into the form of a Financial Consent Order. If considered fair by the courts this can then be sealed.

If one of the parties’ reneges on this Deed and financial proceedings are issued then the Deed will be shown to the court and provides persuasive evidence as to the intention of the couple.

Costs

Our fixed fee Deed of Separation costs £800 + VAT

Included in this fixed fee:

• The initial meeting in which we will take your details and you can explain your circumstances. We will then provide you with advice in relation to your situation and in relation to how the Deed should be drafted.
• We will advise you as to the implications of signing the Deed.
• We will take all of your financial details and draft a Schedule setting this information out to attach to the agreement.
• We will then draft the Deed for you.

What is not included in this fixed fee is:

• Any other work or negotiations required in agreeing or implementing the agreement.

Living together and being married are treated very differently in law and this will have an impact on what happens when an unmarried couple separates.

Unmarried couples in England and Wales have no legal rights if they separate.

If you have purchased a house together in joint names, one of you may want to stay and the other go. If you can 'buy out' the other party and take over any mortgage then the procedure is straightforward.

In the event that you cannot agree or buy one or the other out, what can be done? What if your partner simply will not deal with matters and ignores all attempts at reaching an agreement? What are your rights?

The court can be asked to order a sale of the property. The courts usually grant such an application. But even if a house is just in one person’s name, the other partner who has contributed upon the basis that they have an interest, can ask the Court to give legal recognition to take account of their contributions.

In these circumstances, it is the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) who gives Courts certain powers to resolve these disputes.

Where a house has provided the children with a home, a different Application under the Children Act can be made.

We are aware that many couples living together believe that they would be considered as ‘common law’ husband and wife should anything happen, however, there is no such thing as a common law marriage. A couple unmarried but living together has no formal status. This means that these couples could potentially risk financial ruin if their partner died, or the relationship ended.

Even if an unmarried couple has children together, there are no legal protections for the parents. When it comes to dividing the family home, this will fall to property law, and where children are involved, this will be handled under the Children Act 1989.

The Children Act focuses on the needs of the child. If the Court were to rule that the resident parent should stay in the property with the child, then when the child turns 18, if the property is in the sole name of the other person then the property will revert to them.

The safest way to protect your rights if you were to separate is in the form of a Cohabitation Agreement. This is an enforceable agreement setting out what you would both want to happen in the event of your separation.

This agreement can include details as to how you will share the rent or mortgage and bills and how to deal with any bank accounts and any other finance related issues if you should separate.

If the Cohabitation Agreement has been properly drawn up, you have both been honest with the information contained therein, and if you have both had the opportunity to obtain independent legal advice then it is likely that a Court would enforce the agreement should you separate as it a legal contract between you. This agreement can also stipulate what should occur in the event of one of you passing away and also protect you in this aspect.

Costs

We offer fixed fee Cohabitation Agreements and flexible pricing to suit your circumstances and your budget. Once we have provided you with a fixed price quote for the agreed work, that price will not change.

Our fixed fee cohabitation agreement costs £800 + VAT.

Included in this fixed fee:

• The initial meeting in which we will take your details and you can explain your circumstances. We will then provide you with advice in relation to your situation and in relation to how the agreement should be drafted.
• We will advise you as to the implications of signing the agreement.
• We will take all of your financial details and draft a Schedule setting this information out to attach to the agreement.
• We will then draft the Cohabitation Agreement for you.

What is not included in this fixed fee is:

• Any other work or negotiations required in agreeing or implementing the agreement.
• Any rights in relation to children.

Anyone in any type of relationship can be affected by domestic abuse and we can help you take the steps needed to end the violence and protect yourself.

Domestic abuse is not only physical, this abuse can take many forms, such as, but not limited to, incidents or patterns of controlling behaviour, threatening behaviour or verbal abuse, any behaviour intended to control or intimidate could be domestic abuse.

Domestic Violence is a crime, and the police are obliged to investigate. If you have been assaulted, you should tell the police as soon as possible. If you are in fear of imminent danger of assault you should call 999.

If you have been the victim of violence or it has been threatened against you, it is possible to take a civil injunction against the perpetrator whether that be a spouse, a co-habiteé or other 'associated person',

There are two types of injunctions we can arrange to protect you:

• A non-molestation order: (***an order prohibiting***) which would be applied for to prevent the threat or use of violence, intimidation, harassment or pestering.
• An occupation order: which would be applied for if significant harm to you or a child is likely and can include a requirement that your partner leave the home and even exclude them from the surrounding area.

The court order will specify what behaviour the person guilty of violence or harassment is prevented (prohibited) from doing. That can be an occupation order to prevent the person from returning to the family home and putting you at further risk.

If you or your children are at risk of violence and you have nowhere to escape to, you (may) should be offered temporary accommodation at a refuge from Women’s Aid. You (may) should also be granted priority as a homeless person on council housing list.

If you are currently involved in a family conflict, are separating from your partner or seek protection from abuse in the home, please speak to us and we will work with you and help you from start to finish to obtain the protection that you need.

If you are the victim of domestic abuse then you may be entitled to legal aid.

• Any other work or negotiations required in agreeing or implementing the agreement.
• Any rights in relation to children.

Costs

We do not offer legal aid but we do offer an initial 45-minute meeting for matters involving matrimonial finances for a fixed fee of £200 + VAT. Thereafter as per the costs of the solicitor that you instruct. This hourly rate, invoice structure, and anticipated costs will be discussed with you at the initial meeting.

In a divorce or relationship break-up, it can be the children who suffer more than anyone as there is often upheaval at home which can have a lasting effect on them. The needs of any children in a separation should be the priority for any couple.

The law is quite rightly focused on the rights of the children. You should consider what is in the best interests of your children and try to put aside any personal feelings you have for your partner.

In most instances absent parents – most commonly fathers – have the right to regularly see their children, know where they are living and have access to certain information about their upbringing, such as how they are doing at school. However, ensuring that contact arrangements are put in place and run as smoothly as possible is not always easy and here at Jennings Solicitors we will work hard to ensure that your interests are looked after.

If parents are unable to agree on these child arrangements, we will advise you in relation to the relevant law and advise as to how best to resolve matters without the need for court proceedings. We will work with you in order to avoid conflicts over child arrangements and try to come to an agreement with the other parent.

If an agreement cannot be reached then a Child Arrangement Order may become necessary. Before either party can apply, except in certain circumstances such as when there has been domestic abuse within the relationship, then you must first attend a Mediation Information Assessment Meeting (MIAM). If mediation has been tried but failed, it may then be a good idea to seek a Child Arrangement Order in the family Court. The court will consider all aspects relating to the children, including, but not limited to:

• The wishes and feelings of the child/children, taking into account their age and maturity.
• The child/children’s emotional, educational and physical needs.
• Any harm suffered or risk of harm.
• The effect that a change in circumstances will have on the child/children.
• The capabilities of the parties in meeting the child/children’s needs.

Within these proceedings, the courts can make various orders; these include but are not limited to:

• An order confirming whom the child/children resides with.
• The time the child/children spends with the other parent.
• A Parental Responsibility Order – which confirms the rights and responsibilities a parent has to make decisions in relation to the child/children.
• A Specific Issue Order– The court can make an order determining any specific issue for which a determination is needs, for example, which school a child should attend.
• A Prohibitive Steps Order – The court can make an order preventing a specific thing happening without further Order of the Court, for example, moving abroad.

Costs

We offer an initial meeting up to 60 minutes for matters involving matrimonial finances for a fixed fee of £200 + VAT. Thereafter as per the costs of the solicitor that you instruct. This hourly rate, invoice structure, and anticipated costs will be discussed with you at the initial meeting.

There are many reasons why people wish to change their name, and there are many ways in which to achieve this.

You can change your name or any part of it yourself by Deed Poll, this can be carried out at any point as long as it is not done with fraudulent or deceitful motives.

If you would prefer to have a solicitor assist you with changing your name then a Change of Name Deed can be drafted and signed. This Deed is the evidence you will need to produce in order to change a name on official documents and records.

We can meet with you and draft a Change of Name Deed for any person over the age of 18. If you wish to change your child’s name, then you will require the consent of the other parent, or an order from the court.

Costs

We offer a fixed fee for drafting a Change of Name Deed of £200 + VAT of £40 (total £240). This fixed fee is for the initial meeting and for drafting the final Deed. You will be provided with certified copies; it is your responsibility to send it to the relevant organisations yourself.