Family Law Specialist

Nicola Williams Solicitor

Nicola Williams Solicitor

Cheadle, Stockport,
Greater Manchester

Divorce in England and Wales FAQ

Divorce law in England and Wales changed on 6th April 2022.

What are the grounds for divorce in England/Wales?

There is only one ground for divorce. That is that your marriage has irretrievably broken down.

Do I have to prove adultery or unreasonable behaviour?

No. Changes to the law in April 2022 removed the need to prove adultery or unreasonable behaviour to start a divorce.

Do we have to be separated?

You cannot be living as a married couple, but you may still be living under the same roof.

The changes to the law in April 2022 removed the requirement to be separated for at least two years to begin a divorce.

Can I defend a divorce in England/Wales?

You cannot defend a divorce that started after 6th April 2022 as long as

the proper procedure has been followed; and

the English/Welsh court has jurisdiction.

How do I start a divorce?

You can apply for a divorce on the government website.

Find out more about timescales and divorce costs here.

Do I need a solicitor to deal with my divorce?

Not usually as long as you both want to be divorced. The process is very straightforward. However, if one of you fails to cooperate, the other might need help keeping the divorce on track.

How do we divide our money/property/pensions

A solicitor can help you with this.

The court services only accepts consent orders drafted in a particular way. If you have a financial agreement, you will need a solicitor to help you write this up.

This is an important step at the end of the divorce. It is usually inexpensive unless you have a complex agreement or many assets to divide.

If you don’t have an agreement, a solicitor can

explain how the law affects you;

offer guidance as to what might be a practical and fair solution; and

help you put a proposal to your spouse.

Will I have to go to court?

The family court will deal with your divorce application by post or online. You will not need to go to court.

If you have a disagreement over your children, you should try to sort it out between you. A mediator can also help.

If you can’t agree how to divide your property, a solicitor will be able to explain your options. This may involve applying to court.

However, 95% of people do not need to go to court.

How do I get help writing up a financial agreement after my divorce in England?

A financial agreement at the end of a divorce is a consent order.

A solicitor drafts this for you.

To discuss this in more detail, get in touch using the form below.

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divorce in England a bridge to nowhere

Nicola Williams is a Family Law Solicitor in the AFG Law Family Team at Cheadle Royal Business Park, Brooks Drive, Manchester, Cheadle SK8 3TD