Divorce and Separation

Under the new ‘no-fault divorce’ law, there is no longer a need to provide evidence to the court about why the marriage has irretrievably broken down and whose fault this was. Nor is there any requirement for a period of separation before filing a petition. However, you must have still been married for at least 12 months prior to making an application.

Contacting a family law solicitor is essential, to ensure all the correct steps are taken and the right advice and guidance has been followed. Even if you think you can come to an agreement on your own, it’s important to seek advice from a family law solicitor to make sure you are getting the best-case conclusion, for both now and the future. 

Jordans Solicitors can assist you to reach an agreement that works for yourself and your family. We can help you put into action the legal and practical issues and advise on a financial settlement and arrangements for your children. 

We can also refer you to Mediation if necessary. Mediators are trained to be impartial and will try to help you reach an agreement without Court proceedings. If mediation breaks down, they will provide you with a form which is required for you to make an application. We are extremely experienced in these situations and can legally represent you proceedings to bring matters to a timely conclusion.

The minimum timeframe it takes to obtain a divorce under the new law is 26 weeks. The application can be submitted by one spouse or if in agreement, both spouses can submit the application jointly. Once the notice has been issued, and an acknowledgment of service returned (in the case of one applicant and a respondent), the applicant(s) must wait at least 20 weeks from the date of issue before applying for a conditional order from the court. Once a conditional order has been received, the applicant(s) must wait an additional period of 6 weeks before applying for the final order in divorce.

The new law requires a 20-week waiting period to ensure that the spouses have had time to reflect on their decision to end the marriage and if they wish to try a reconciliation that they do so before proceeding with the conditional order.

You may be worried about the cost implications of legal matters, which is why we offer up to 30 minutes free initial consultation*. 

Because we have a transparent approach to our fees at Jordans Solicitors, we will clearly set out the likely costs at the outset of your case so you know what to expect.

If the divorce or separation proceeds with both parties in agreement, we can assist you under the terms of a fixed fee arrangement – we can provide you with details of our fixed fees upon request. If your case is complex or if you prefer, we will deal with your case using our hourly charging rate. 

We will also assess your eligibility for Legal Aid which is still available for family cases in certain circumstances. Your solicitor will discuss with you at the outset funding of your legal costs.

Legal Aid is still available, but only in certain circumstances. 

In 2013 there were major changes to legal aid which is now only available in certain areas of family law. In order to access legal aid now, you need to show that you meet a means test (your income and capital must be below a certain threshold), that your case is strong enough (this is called a merits test) and that the type of law your case involves is covered by legal aid (this is called scope). 

Legal Aid for Private Family Law 

For most family law matters and disputes, legal aid is only available where there is evidence that you are a victim of domestic violence or that the child is at risk of abuse from the other person involved. Legal Aid is also available if you need to seek an injunction to protect you or your child from domestic abuse, violence or harassment, as long as you meet the means test for injunction cases.