Dealing with the breakdown or the ending of a relationship can be a difficult and stressful time with many questions and concerns – about the process itself, how you stand financially and what might happen to your home and other assets.
How our divorce solicitors can help
- Advising on all aspects of relationship breakdown including divorce, civil partnership dissolution and judicial separation
- Advising you about the division of matrimonial assets on divorce including property, savings, investments, pensions and maintenance for both spouses and children
- If you are a non-married couple, advising as to the claims you may be entitled to make following the breakdown of your relationship
- Helping you, if appropriate, through mediation
Get in touch with our divorce solicitors in East Sussex
Our clients come to us from across East Sussex, including Rother and Wealden, for our leading reputation in the area of divorce law.
For advice about divorce or separation, including advice about making a financial agreement or arrangements for children, contact your local Heringtons office in Battle, Bexhill on Sea, Eastbourne, Hastings or Rye.
Or fill in our online enquiry form and we will be in touch shortly.
Our divorce and separation services
Divorce proceedings
If you wish to obtain a divorce, our expert divorce lawyers can take you through the process step by step. We will advise you in respect of both the divorce proceedings and additional matters such as issues relating to children, property or finances. For example, it may be advisable to wait until you have a financial agreement in place before asking the court for a divorce.
We will go through the grounds for divorce with you so that you can be sure that you have the right basis for your divorce petition. We understand how difficult the process can be and we will ensure you have the support and guidance you need throughout.
We have experience advising couples on divorce for same-sex marriages and civil partnership dissolution, so can provide expert advice for all circumstances.
Separation agreements
A separation agreement sets out details for how matters such as finances, children and property will be dealt with once you stop living together. It can be particularly useful for the period before you divorce or if you do not wish to divorce but simply to live separately.
While a separation agreement is not legally binding, if it is well-drafted and you have taken legal advice before signing, the court is likely to give weight to what you have agreed upon. We can advise you as to what you could put into a separation agreement and where necessary enter into negotiations on your behalf.
Division of assets
Dividing your matrimonial assets can often be challenging, particularly where a shared home is involved. We can help you try to reach an amicable agreement about the financial aspects of your separation or divorce.
Where necessary, we can also make a financial claim to the court. In deciding financial issues, the court will try to ensure that both of your needs are met. If you have children, then their needs will be prioritised. Issues such as earning capacity and contribution to the marriage will be taken into account, including child care.
Arrangements for children
If you are going through a divorce or separation then one of the most difficult aspects is likely to be making new arrangements for your children. The courts prefer that parents reach agreement between themselves over issues such as where a child will live, how much time they will spend with each parent and who else they will see.
We can help you draw up a written child arrangements agreement and negotiate the terms with their other parent’s solicitor. If a mutually acceptable agreement cannot be reached, we will help you with the mediation process, which is generally the next step.
In the event that agreement cannot be reached during mediation, we will make an application to the court for a child arrangements order on your behalf.
For more information about our services in this area, see Arrangements for Children.
Our divorce fees and funding
We work efficiently to keep your costs to a minimum. You will be given a clear cost estimate at the outset which will then be reviewed at every stage of your case, so you always know exactly how much our legal advice is going to cost.
We are also able to offer fixed fee divorce services as well as funding options such as deferred fee agreements where appropriate.
Meet our divorce lawyers
Our family law team are friendly and approachable with a high level of experience across all aspects of divorce and child law. They have strong negotiating skills and are often able to resolve disagreements without the need for a court hearing.
For more information about our key team members, see the profiles of partners Natalie Jones Tia Harrison, and litigation assistant Debbie Burridge.
Divorce and separation FAQs
What is a ‘no fault’ divorce?
When it came into force on 6 April 2022, the Divorce, Dissolution and Separation Act 2020 (DDSA 2020) reformed the legal requirements and procedure for divorce. It introduced a non-confrontational, ''no-fault'' approach to proceedings.
No fault divorce aims to simplify the divorce process, focusing more on the decision to end the marriage, rather than assigning blame or proving misconduct. Either party can initiate the divorce proceedings, it doesn’t necessarily require the consent of both parties; one spouse can file for divorce based on the grounds of irretrievable breakdown of the marriage, or alternatively, a joint application can be made where appropriate. You can only get a divorce or dissolution after you’ve been married or in your civil partnership for at least 1 year.
How long does divorce take?
A divorce or dissolution will take at least 6 months to complete, even if your circumstances are straightforward. It might take longer if you need to sort out issues with money, property, or children. These things will be dealt with separately to your divorce or dissolution.
You’ll need to wait 20 weeks after your divorce application has been issued by the court before you can apply for a ‘conditional order’.
The court will then review your application which may take several weeks. If the judge agrees, the court will send you and your husband or wife a certificate. The certificate will tell you the time and date you’ll be granted a conditional order, and you will still be married after it has been granted. You need to wait at least 43 days (6 weeks and 1 day) after it’s been granted before you can apply to finalise the divorce and end the marriage.
The court will check that the time limits have been met and that there are no other reasons not to grant the divorce. The court will then send both of you copies of the final order.
Once you get the final order, you are divorced, no longer married and free to marry again if you wish.
Do you need to go to court to get divorced?
Most divorces can be dealt with without the need to attend court. It is only if issues are contested that you may need to attend a hearing. This could be because the divorce itself is contested or because you and your spouse are unable to reach agreement over finances, children or property.
What happens if your spouse does not sign the divorce papers?
If you know where your partner lives you can ask the court bailiff to serve the application for a fee.
If you have evidence your partner has received the application, perhaps via a letter, text, or email, you can ask the court to continue as if your partner has received it. This is called ‘deemed service’.
If you cannot trace your partner, you can ask the court to go ahead without a response from your partner if they cannot be located.
Can you get divorced online?
While it is possible to deal with the submission of forms online, it is always recommended that you speak to a solicitor before going ahead with a divorce. They will be able to advise you whether you should first deal with other issues such as making a financial agreement or arrangements for children.
If you do not deal with financial issues at the time of your divorce, it will potentially be open to your spouse to come back to you at any time in the future to make a claim against you.
Helpful tips from our family law team
- Give thought to closing all joint accounts which have an overdraft facility so that neither of you can raise debt for which the other person could be jointly liable
- Make sure you update your will post separation or divorce
- If you and your spouse own any property jointly, you will need to check exactly how you own it as this will affect what happens to your share in the property on your death
- Do not remarry before you have resolved the finances
- Do not sign any documents in relation to the separation or divorce without first obtaining legal advice
Get in touch with our friendly and experienced divorce and separation solicitors in East Sussex
For advice about divorce or separation, including advice about making a financial agreement or arrangements for children, contact your local Heringtons office in Battle, Bexhill on Sea, Eastbourne, Hastings or Rye.
Or fill in our online enquiry form and we will be in touch shortly.