Divorce Solicitors
We know that it is never easy to deal with a divorce. Our divorce solicitors understand this, and if you ask us to represent you, we will ensure that you have the support and guidance you need at this difficult time.
Our family law solicitors have many years of experience, including handling complex and conflicted cases. We always aim to deal with matters without the need for litigation wherever possible, while still securing you the right financial package and arrangements for children.
At Brindley Twist Tafft & James, we are accredited by the Law Society for Family Law work in recognition of the high standards of legal advice and client care that we provide. Our divorce lawyers are also members of Resolution, the family law group for solicitors who are committed to dealing with matters constructively and in a non-confrontational way.
Contact our divorce solicitors in Coventry, Warwick and Southam
If you require supportive advice or guidance from an expert divorce lawyer, then please get in touch with one of our offices in Coventry, Warwick, Southam and Balsall Common, or email one of our solicitors below to see how we can help.
For more information, see our family law solicitors page.
Our divorce services
Divorce proceedings
If you have decided to divorce, we can represent you in divorce proceedings. As well as applying to the court for a divorce order, we will explain the other matters that you may need to deal with at the same time, such as division of property, financial matters, and arrangements for children.
Divorce and finances
When you divorce, it is essential to have a binding financial order made setting out how your assets and liabilities will be split. Without an order, you could face a financial claim at some point in the future.
We can provide robust representation, dealing with full financial disclosure, and establishing what financial provision you require. If there is a particular asset you wish to retain, such as a property or your pension, we will aim to achieve this wherever possible.
Deed of separation/separation agreement
If you are not yet ready to divorce or you were not married to your former partner, a separation agreement can be put in place. This can deal with a wide range of issues, such as who will live in a jointly owned property, how bills and other outgoings will be shared, and who will be responsible for debts. We can draft a comprehensive agreement and ensure you have full advice before signing.
Divorce and pensions
Pensions are often one of the most valuable assets in a divorce, and the court has the power to divide them when necessary. This is usually done by way of a pension sharing order, splitting off part of one person’s pension and transferring it to the other, or offsetting, where one party keeps their pension while the other has a larger share of other assets by way of compensation. A third option is a pension attachment order, where part of the pension income is earmarked for the non-owning party in the future.
We have a strong understanding of pension division in divorce, and we will discuss your circumstances in detail so that you have a clear picture of your options.
Divorce and property
Dealing with the matrimonial home can be hard, as it is usually a couple’s main asset, and there may not be enough available funds to purchase a second property. There are several ways that the courts deal with this, including allowing the person with day-to-day care of any children to remain in the property until they reach 18, or requiring the sale of the property so that both parties can buy somewhere smaller.
If you wish to retain your property, we can look at ways this may be possible and work to ensure you have the security you need.
International divorce
Divorces increasingly have an international element to them; whether you were married or lived overseas, you have overseas assets, or one party is from another country. We can represent you in dealing with an international divorce, and advise you on issues such as qualifying for divorce in the jurisdiction of England and Wales, dealing with overseas assets, and arrangements for children.
No-fault divorce
Since April 2022, there is no need for any fault or blame to be alleged or apportioned in divorce proceedings. You or your former partner simply needs to state in the divorce application that your relationship has irretrievably broken down. No other information about your relationship is needed by the court for a divorce order.
Annulments
If you are granted an annulment by the courts, it will be as if your marriage never existed. It is available in limited circumstances, including lack of consent, bigamy, underage marriage, and incest.
Arrangements for children
Putting a binding child arrangements order in place when you divorce will give your family a level of certainty and stability. We can negotiate on your behalf to try to agree on the right schedule and suggest solutions if difficulties arise. Where necessary, we can advise you during mediation.
If the issue needs to go to court, we will prepare a robust case on your behalf, ensure you are thoroughly prepared, and provide representation by an experienced child law advocate.
For more information on our services, see our child law solicitors page.
Divorce FAQs
How long does a divorce take?
The process of obtaining a final order for divorce takes six months, as there are cooling-off periods. However, you will also need to have a financial order made at the same time, and this can be a lengthier process.
If you and your former partner are able to agree on the division of assets, we can put the agreement into a draft order and ask the court to approve and seal it, making a binding order. This process can be relatively fast, particularly if your assets are straightforward.
For more complex situations and where you are not able to agree on a way forward, the process can be lengthy. The family courts are busy, and when hearings are needed, you are likely to have to wait.
We can work with you to resolve things without the need for litigation wherever possible. We can also discuss alternatives, such as collaborative law and arbitration, which are generally faster.
How much does a divorce cost?
The court fee for a divorce application is £612. The costs of dealing with other aspects of your divorce, such as a financial order and child arrangements, will be based on your solicitor’s hourly rate. If you would like us to represent you, we will ensure that you have a divorce lawyer with the right level of expertise, so that you do not pay more than necessary.
We will provide you with a cost estimate at the outset and regular updates at every stage. If you would like to discuss divorce costs, call us today, and we will be happy to answer your questions.
What are the grounds for divorce?
The only requirement for a divorce is for one party to state that the relationship has irretrievably broken down. You will need to confirm this when signing the application for a divorce.
You can make a sole application, or you and your spouse can apply for a divorce together.
How are assets divided in a divorce?
The court will aim to ensure both parties’ reasonable financial needs are met. While the starting point is a 50:50 split, one party could be awarded a higher share of the available assets if they are in a weaker financial position, for example, because they have given up their career to care for children.
This is a complex area, and the court will take a range of factors into account when making its decision, including the length of the marriage, the parties’ contributions, both financial and by taking care of the home and children, and the standard of living during the marriage.
What legal documents are required to file for divorce?
When you apply for a divorce, you will need to file a completed form D8 and your marriage certificate or a certified copy of it. You will need to supply your spouse’s name and contact details and pay the court’s application fee.
What assets cannot be split in a divorce?
There are no assets that cannot be split in a divorce. While some assets are considered to be ‘non-matrimonial’, such as an inheritance or property owned before a marriage, if the court decides that these need to be shared to make fair provision for the parties, then it will do so.
If the marriage was a short one and there are no children, the court is less likely to split non-matrimonial assets.
Do I need a solicitor for a divorce?
You are strongly advised to use a solicitor for issues such as financial arrangements. Our divorce lawyers can provide you with the representation you need, ensuring that you have the right financial support for the future, and that clear and fair arrangements for children are in place. Without a solicitor, you could find that you do not achieve the right result, and that opportunities are missed.
If you would like to discuss any aspect of our services and how we can assist you, call us today.
Who gets the house in a divorce with children?
The court will always prioritise the needs of children, but at the same time, try to ensure that both parties’ needs are met. This often means that the parent with the care of the children will remain in the family home. The other party could receive a larger share of other assets by way of compensation, or an order requiring the house to be sold and profits split when the youngest child reaches 18.
What is a financial order in divorce?
A financial order sets out how assets and liabilities will be split after a divorce. It is an essential part of the divorce process, as divorce alone does not end someone’s financial obligations to their spouse. This means that if you do not have a financial order made when you divorce, your former spouse could make a claim against you in many years’ time.
Dealing with finances when you divorce can give you stability for the future and ensure that you have a clear picture of your resources.
Contact our divorce solicitors in Coventry, Warwick and Southam
Our experienced family lawyers can provide you with the divorce advice and representation you need to secure the right outcome for yourself and your family.
If you require supportive advice or guidance, then please get in touch with one of our offices in Coventry, Warwick, Southam and Balsall Common, or email one of our solicitors below to see how we can help.