Category Archives: Divorce

Divorce process UK

Can I get a divorce without going to court?

Author By vantagemarketinggroupPosted on Leave a comment

Many people assume divorce always involves standing in a courtroom. That image often comes from films or television.

 

The reality in the UK is very different.

 

Most divorces today happen without either person going to court. The process is largely handled online and through paperwork.

If you are considering divorce, understanding how the process works can help reduce some of the worry. Below we explain whether you can get divorced without going to court and what the process usually looks like.

The Short Answer: Usually Yes

In most cases, you can get divorced in the UK without attending court.

Since changes to divorce law in 2022, the process has become much simpler. The introduction of no-fault divorce means couples no longer need to blame each other for the breakdown of the marriage.

This has made the process less confrontational and often quicker. Most divorces now follow a straightforward online process. Documents are submitted digitally and approved by a judge without the need for a hearing.

How the Divorce Process Works

The divorce process in England and Wales follows several stages.

  1. Applying for Divorce

The process begins when one person applies for divorce. This can also be done jointly by both spouses. The application is submitted online through the government divorce portal. The application confirms that the marriage has broken down irretrievably. This simply means the relationship cannot continue. There is no need to explain the reasons in detail.

  1. The 20-Week Reflection Period

After the application is issued, there is a 20-week waiting period. This time allows couples to reflect on the decision and consider arrangements for children, finances, and property. Some couples also use this time to seek legal advice about financial settlements.

Once the 20 weeks have passed, the applicant can move to the next stage.

  1. Conditional Order

The next step is applying for a Conditional Order. This is the stage where the court confirms that the divorce can legally proceed.

A judge reviews the paperwork. If everything is in order, the Conditional Order is granted. This stage still does not require anyone to attend court.

  1. Final Order

After the Conditional Order, there is a short waiting period of six weeks and one day. Following this, the applicant can apply for the Final Order.

The Final Order legally ends the marriage. Once granted, the couple is officially divorced. Again, this usually happens without any court appearance.

When Might You Need to Go to Court?

While most divorces do not involve court attendance, there are some situations where a hearing may happen.

Disagreements About Finances:

Divorce often involves financial decisions. These may include property, savings, pensions, or ongoing support.

If both people agree on the financial arrangements, these can be written into a financial order and approved by the court without a hearing.

If there is a dispute, the court may need to become involved. In these cases, a judge may schedule hearings to help resolve the disagreement.

Disputes About Children:

Parents often reach their own agreements about childcare arrangements. These might include where children live, schooling, or how time is shared between parents.

If agreement cannot be reached, the court may need to step in. A judge may hold hearings to decide what arrangement is in the best interests of the child.

If Someone Contests the Divorce:

Under current divorce law, it is very difficult to contest a divorce. Challenges are rare and usually relate to technical issues such as the validity of the marriage.

In those unusual situations, a court hearing may be required.

What About Financial Settlements?

One common misunderstanding is that the divorce itself deals with finances. In reality, divorce and financial settlements are separate matters. The Final Order ends the marriage. It does not automatically resolve financial ties. This is why many people choose to apply for a financial order.

A financial order records how assets will be divided and whether any ongoing payments will be made. Once approved by the court, it becomes legally binding. Without a financial order, financial claims could still be made in the future.

Can Divorce Be Done Completely Online?

Yes, much of the divorce process can now be completed online. Applications are submitted digitally and progress can be tracked through the government portal.

Many couples communicate with their solicitor by email, phone, or video call. This has made the process more accessible and less stressful for many people.

Even though the process is online, legal advice can still be very important. Especially where finances or children are involved.

How Long Does Divorce Take?

Divorce cannot happen instantly. The legal timeframes mean the process usually takes at least six months.

This includes:

  • The 20-week reflection period
  • The six-week waiting period before the Final Order

If financial matters or child arrangements need to be resolved, the process can take longer.

Getting Advice Early Can Help

Divorce often brings emotional and financial uncertainty. Clear legal advice can help you understand your options and avoid problems later.

Even when couples agree on most issues, it is still sensible to make sure arrangements are properly recorded. This can protect both parties and provide clarity for the future.

Top Tip

Divorce ends the marriage, but it does not automatically deal with finances. Many people assume everything is resolved once the Final Order is granted. This is not always the case. Without a court-approved financial order, financial claims can remain open. Getting the right advice early can help ensure everything is properly finalised.

Written by BP Legal, a trusted family law firm in Leicester, led by Bhumika Parmar, solicitor, founder, former President of the Leicestershire Law Society, and trustee of Zinthiya Trust.

If you would like to speak to one of our experienced team please call us today on 0116 253 6856 or email info@bplegal.co.uk.

Why should I seek legal advice to create the Financial Agreements for my divorce?

Author By Kerry SmithPosted on Leave a comment

When couples separate, many are able to reach an agreement about how their finances should be divided. This often leads to a common question: Do I really need legal advice if we already agree?

The short answer is yes. Even where a divorce is amicable, failing to take legal advice when creating a financial agreement can leave you exposed to future claims, unexpected costs, and ongoing uncertainty. This article explains why legal advice matters, how financial agreements are made legally binding, and how it protects your long-term financial position.

What is a financial agreement in divorce?

A financial agreement sets out how assets, income, property, pensions, and liabilities will be divided following separation or divorce. This agreement is usually formalised in a legally binding document known as a financial order, which must be approved by the court.

Without a court-approved financial order, financial claims between spouses can remain open indefinitely, even after the divorce itself has been finalised.

Can we just agree finances ourselves?

Many separating couples reach informal agreements between themselves, particularly where the separation is cooperative. However, without legal advice, informal agreements can be risky.

An informal agreement may:

  • fail to take pensions, debts, or future needs into account
  • be unclear or open to different interpretations
  • leave one party financially vulnerable
  • be unenforceable if one party later changes their mind

Even if both parties intend to stick to the agreement, it does not prevent future financial claims unless it is properly formalised.

What happens if we don’t get legal advice?

Without legal advice and a court-approved financial order:

  • financial claims can be made years later
  • assets acquired after divorce may still be at risk
  • one party may unknowingly agree to an unfair settlement
  • disputes may arise if circumstances change

Legal advice helps ensure that the agreement is fair, clear, and capable of being approved by the court.

How does legal advice protect you?

Seeking legal advice when creating a financial agreement helps to ensure that:

  • all assets and liabilities are fully disclosed
  • the agreement is fair and reasonable
  • the terms reflect both current and future needs
  • the agreement is properly documented and enforceable

A solicitor will also advise on issues that are often overlooked, such as tax implications, pension sharing, housing needs, and long-term financial security.

The importance of full financial disclosure

Full and honest financial disclosure is essential to any valid financial agreement. Legal advice ensures that:

  • all income, assets, pensions, and debts are disclosed
  • valuations are accurate and up to date
  • the agreement cannot later be challenged for non-disclosure

If disclosure is incomplete or inaccurate, a financial order may be vulnerable to being set aside in the future.

Making the agreement legally binding

Only a court-approved financial order can bring financial claims to an end. Legal advice ensures that:

  • the agreement is properly drafted
  • the correct legal documents are prepared
  • the order is submitted to the court for approval
  • your financial position is protected once the divorce is finalised

This provides certainty and peace of mind for both parties.

Is legal advice always necessary?

While it is possible to negotiate arrangements directly or through mediation, legal advice is strongly recommended before any agreement is finalised. Independent advice ensures you understand your rights, obligations, and the long-term impact of the agreement you are entering into.

Taking advice does not mean the process needs to become contentious. In many cases, it supports resolution and avoids problems later on.

Frequently asked questions about divorce financial agreements

Do I need a solicitor if my divorce is amicable?

Yes. Even in amicable divorces, legal advice is essential to ensure any agreement is fair, legally sound, and properly recorded in a court-approved financial order.

Can we write our own financial agreement without lawyers?

You can agree terms between yourselves, but without legal advice and a court-approved financial order, the agreement is not legally binding and may not protect either party in the future.

What happens if we don’t get a financial order?

If no financial order is approved by the court, either party may be able to make financial claims years later, even after the divorce is finalised or one party has remarried.

How long does it take to get a financial order?

Timescales vary depending on complexity, disclosure, and whether matters are agreed. Where agreement is reached early, a consent order can often be prepared and approved relatively quickly with legal advice.

Can a financial agreement be changed later?

In limited circumstances, a financial order can be challenged or varied, particularly if there has been non-disclosure or a significant change in circumstances.

Financial agreements and divorce at BP Legal

At BP Legal, we advise clients at every stage of the divorce process, from initial discussions through to court-approved financial orders. Our focus is on achieving fair, practical outcomes while protecting your future financial security.

If you are considering a financial agreement or have already reached an agreement and would like it reviewed, our family law team is here to help.

Top Tip
Never finalise a divorce without a court-approved financial order, even if your separation is amicable.

Written by BP Legal, a trusted family law firm in Leicester, led by Bhumika Parmar, solicitor, founder, former President of the Leicestershire Law Society, and trustee of Zinthiya Trust.

If you would like to speak to one of our experienced team please call us today on 01162536856 or email info@bplegal.co.uk

What should be included in a prenuptial agreement and how do you make it legally binding?

Author By vantagemarketinggroupPosted on Leave a comment

A prenuptial agreement in England and Wales is becoming an increasingly popular way for couples to protect assets and gain financial clarity before marriage or civil partnership. Once seen as unromantic, prenuptial agreements are now widely recognised as a practical legal safeguard if a relationship breaks down.

Importantly, while a prenuptial agreement is not automatically legally binding, courts in England and Wales are highly likely to uphold it if it is properly prepared and fair.

So, what should a prenuptial agreement include, and how do you make sure it carries legal weight?

What is a prenuptial agreement?

A prenuptial agreement is a written agreement entered into before marriage or civil partnership. It sets out how assets, income, and finances would be divided if the relationship were to end.

Although prenups are not strictly binding, the courts will usually follow them if they meet certain legal criteria. As a result, careful drafting and legal advice are essential.

What should be included in a prenuptial agreement in England and Wales?

A well-drafted prenuptial agreement in England and Wales should be clear, comprehensive, and tailored to your individual circumstances. It will usually include the following:

Assets owned before marriage

This section identifies assets owned before the relationship, such as:

  • Property owned prior to marriage

  • Savings, investments, and shares

  • Family businesses or inherited wealth

Clearly defining pre-marital assets helps protect them from future claims.

Assets acquired during the marriage

Couples may also agree how assets gained during the marriage will be treated. For example, a prenup can:

  • Ringfence certain assets

  • Set out how jointly acquired property will be divided

  • Protect business growth or future investments

This provides certainty and reduces the risk of disputes later.

Debts and liabilities

A prenuptial agreement should also address financial responsibilities. This includes:

  • Existing debts

  • Responsibility for future borrowing

  • Protection from a partner’s personal liabilities

As a result, both parties have a clear understanding of financial risk.

Income and spousal maintenance

Prenups can deal with spousal maintenance by setting out:

  • Whether maintenance will be paid

  • How long payments would last

  • Whether maintenance is excluded altogether

However, courts will always consider fairness carefully in this area.

Inheritances and family wealth

Many couples use a prenuptial agreement to protect:

  • Future inheritances

  • Family trusts

  • Generational wealth

This is particularly important where family members wish to safeguard assets for future generations.

Review clauses

Importantly, prenuptial agreements should remain fair over time. A review clause allows the agreement to be revisited if circumstances change, such as:

  • The birth of children

  • Significant changes in income

  • A long marriage

Including review clauses helps keep the agreement relevant and enforceable.

What cannot be included in a prenuptial agreement?

Although prenups are flexible, there are limits. A prenuptial agreement cannot:

  • Decide child arrangements or child maintenance

  • Be unfair or leave one party in serious financial hardship

  • Be signed under pressure or without proper understanding

Above all, the welfare of any children will always take priority.

How do you make a prenuptial agreement legally binding?

While no prenuptial agreement is automatically binding, courts in England and Wales are likely to uphold one if the following conditions are met:

  • Both parties receive independent legal advice from separate solicitors

  • There is full and honest financial disclosure

  • The agreement is signed well before the wedding, ideally at least 28 days beforehand

  • The terms are fair at the time of signing and enforcement

  • The agreement is professionally drafted and clearly written

Meeting these criteria significantly increases the agreement’s legal weight.

Is a prenuptial agreement right for you?

Prenuptial agreements are not just for the ultra-wealthy. They can be particularly helpful if:

  • One or both partners own property

  • There is a business or family wealth involved

  • One partner has significantly greater assets

  • There are children from a previous relationship

Therefore, early legal advice is key.

Prenuptial agreements at BP Legal

At BP Legal, we prepare prenuptial agreements that are clear, fair, and tailored to your circumstances. Our aim is not only to protect assets but also to provide reassurance and transparency as you plan your future together.

If you are considering a prenuptial agreement or would like advice on whether one is right for you, please get in touch with our family law team.

Frequently asked Questions

Are prenuptial agreements legally binding in England and Wales?
While not automatically binding, courts are highly likely to uphold a prenuptial agreement if it meets key legal criteria.

When should a prenuptial agreement be signed?
Ideally, it should be signed at least 28 days before the wedding to avoid any suggestion of pressure.

Top Tip

The earlier you start discussing a prenuptial agreement, the smoother and less stressful the process is likely to be.

Written by BP Legal, a trusted family law firm in Leicester, led by Bhumika Parmar, solicitor, founder, former President of the Leicestershire Law Society, and trustee of Zinthiya Trust.

If you would like to speak to one of our experienced team please call us today on 01162536856 or email info@bplegal.co.uk

cat and dog on the sofa

What happens to my pet in a divorce?

Author By vantagemarketinggroupPosted on Leave a comment

When a relationship breaks down, deciding who keeps the family pet can be one of the most emotionally difficult issues. For many people, a dog, cat, or other animal is a member of the family, not just “property”.

But how does the law in England and Wales actually treat pets during a divorce, and what can you do to protect their future?

Below is a clear, practical guide.

How the law sees pets in Divorce

Under the law in England and Wales, pets are treated as personal property the same category as a car, sofa, or item of jewellery. This means the court does not view pets like children, and there is no concept of “pet custody”.

If a couple cannot agree on who keeps the pet, the court will approach the issue as a question of ownership.

Where a pet was acquired during the marriage, it may be considered part of the financial settlement, and the court can order the transfer of ownership through a property adjustment order. The court may also consider the financial responsibilities of the spouse who will continue paying for expenses such as food, vet bills or insurance.

How courts decide who gets the pet

Traditionally, judges have looked at evidence of ownership, including:

  • Who purchased or adopted the pet
  • Whose name appears on microchip details or registration records (e.g., Kennel Club)
  • Who pays for day-to-day expenses
  • Whether the pet was given as a gift

Although pets mean a great deal to families, courts typically try to avoid lengthy disputes about them. In one case, a judge simply decided each person would keep one dog and suggested any further issues should be resolved through mediation.

Are courts starting to change their approach?

There are signs that attitudes within the family court are slowly evolving.

In a 2024 case involving a golden retriever puppy, the judge focused less on who bought the dog and more on who had been caring for the pet since separation. The court also took into account the children’s attachment to the dog before deciding where it should live.

However, this decision is not binding precedent, meaning other courts are not required to follow it. Until clearer guidance comes from higher courts, many judges may still apply the traditional, property-based approach.

Can we make our own agreement about a pet?

Yes, and it is often the most sensible option.

Many couples choose to create a “pet-nup”, similar to a pre-nuptial agreement but focused on the family pet. A pet-nup can set out:

  • Who the pet will live with
  • How time with the pet will be shared
  • How costs such as food, grooming and vet fees will be divided

Although not automatically legally binding, a well-drafted agreement entered into voluntarily by both parties can carry significant weight in court. It also reduces uncertainty, stress, and legal costs.

While a court cannot impose a “shared care” or “joint custody” arrangement for a pet, you and your partner are free to agree one privately, either through negotiation or mediation.

What might change in future?

The Animal Welfare (Sentience) Act 2022 recognises animals as sentient beings capable of feeling and experiencing emotions. While this does not change divorce law yet, it reflects a wider shift in how society and some judges view pets.

For now, the most reliable way to ensure clarity is through a clear, written agreement, ideally supported by legal advice.

Need advice about your pet during divorce?

The treatment of pets in divorce can be emotionally sensitive and legally complex. At BP Legal, we help clients reach fair, practical solutions that put the welfare of the pet and the family first.

If you would like advice or want to create a pet-nup or agreement about your pet’s future, we’re here to help.

Top Tip

When preparing a financial order, always include clear arrangements for the family pet. This can prevent disputes and unnecessary legal costs later.

Written by BP Legal, a trusted family law firm in Leicester, led by Bhumika Parmar, solicitor, founder, and former President of the Leicestershire Law Society, and trustee of Zinthiya Trust.

If you would like to speak to one of our experienced team please call us today on 01162536856 or email info@bplegal.co.uk

Divorce in the UK

What is a Divorce in the UK?

Author By BP LegalPosted on

What is a Divorce in the UK?

Divorce is the legal process of ending a marriage. It formally brings a marital relationship to an end.

In the UK, divorce proceedings are governed by specific laws and procedures. These rules are designed to ensure fairness for both parties. If you are considering divorce, or simply want to understand how it works, this guide provides a clear and accurate overview.

Who can get a Divorce in the UK?

To apply for a divorce in the UK, you must meet certain legal requirements.

You must be legally married: You can only divorce someone if you are legally married to them. Civil partnerships follow a separate legal process.

The marriage must have broken down irretrievably: The law requires confirmation that the marriage has permanently ended.

You must have been married for at least one year: Couples can only apply for a divorce after they have been married for a minimum of 12 months.

You must meet jurisdiction requirements: At least one spouse must have a legal connection to the UK. This usually means being domiciled or habitually resident here.

Grounds for Divorce in the UK

Since 6 April 2022, divorce law in England and Wales has changed significantly.

The Divorce, Dissolution and Separation Act 2020 introduced no-fault divorce. This means couples no longer need to blame one another or provide reasons such as adultery or unreasonable behaviour.

Instead, one or both spouses simply confirm that the marriage has broken down irretrievably. As a result, the process is less confrontational and often more constructive.

The Divorce process explained

The divorce process follows several clear stages.

Step 1: Divorce application

One or both spouses submit a divorce application. This can be done online or by paper.

Step 2: Acknowledgment of service

The respondent receives the application and confirms they have received it.

Step 3: Cooling-off period

A minimum period of 20 weeks applies before you can apply for a conditional order. This allows time for reflection and practical arrangements.

Step 4: Conditional order

The court confirms there is no legal reason why the marriage cannot end.

Step 5: Final order

After a further six weeks, you can apply for the final order. This legally ends the marriage.

Financial and child arrangements

Importantly, a divorce only ends the legal marriage. It does not automatically resolve finances or arrangements for children.

Financial settlements

Couples must agree how assets, debts, pensions, and property will be divided. These agreements should be legally recorded in a financial consent order to make them binding.

Child arrangements

Parents must decide where children will live and how much time they will spend with each parent. Decisions about education, healthcare, and welfare must also be considered.

If agreements cannot be reached, mediation or court proceedings may be required.

Cost of Divorce in the UK

The court fee for a divorce application is £593 (as of 2025).

However, additional costs may arise if legal advice is required. This is particularly common where finances, property, or children are involved.

Why is legal advice important?

Although no-fault divorce has simplified the process, legal advice remains important. This is especially true when dealing with financial settlements or child arrangements.

A solicitor can explain your rights, guide you through the process, and help protect your long-term interests.

Divorce is a major life event. However, the UK legal system aims to make the process as clear and fair as possible.

By understanding how divorce works and seeking advice where needed, you can approach the process with greater confidence. Careful planning can help protect both your future and that of your family.

Speak to our family team today and let us guide you through the process at a pace that works for you. Call 01162536856 or email mark@bplegal.co.uk

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