Divorce Solicitors
Divorce can affect your finances, your family and the plans you have made for the future. Getting clear legal advice at the outset will allow you to understand your position, make informed decisions and approach each part of the divorce process with a clear strategy.
JMW’s specialist divorce solicitors advise on every aspect of divorce and separation. We manage the legal process of ending the marriage while helping you address the issues that often matter most, including the family home, pensions, business interests, financial settlements and child arrangements.
Our family lawyers act in cases ranging from straightforward no-fault divorce applications to complex and high net worth proceedings involving substantial assets, trusts, property portfolios and international elements. We also advise on civil partnership dissolution and the related financial and family law issues.
We provide a service tailored to your specific circumstances. Where agreement is possible, we will help you resolve matters constructively and reduce conflict. Where firm negotiation or Family Court proceedings are needed to protect your position, our divorce lawyers will prepare and represent your case with the same focus on achieving the best outcome.
To speak to one of our divorce solicitors in confidence, call 0345 872 6666 or complete our online enquiry form. We advise clients throughout England and Wales, as well as those living or holding assets overseas.
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What Our Clients Say
How JMW Can Help
The professional divorce solicitors at JMW have decades of experience in family law and work efficiently to make the divorce process as clear and manageable as possible. We take responsibility for the legal side of things, allowing you to focus on your children, your financial position and the decisions that will shape your future.
From the outset, our family law team provides straightforward legal advice in plain English. Whether you are making a sole or joint divorce application under the no-fault divorce laws, responding to divorce proceedings or dealing with related family disputes, you will understand the next step, the likely timescales and the legal costs involved.
Our services cover every aspect of divorce and separation, including:
- Preparing and managing a divorce application, including sole and joint applications, as well as civil partnership dissolution
- Responding to divorce proceedings started by a spouse
- Advising on the conditional order, final order and the wider court process
- Negotiating financial settlements and preparing a legally binding consent order
- Advising on the family home, other property, savings, investments and debts
- Dealing with pensions, lump sums and spousal maintenance
- Handling complex finances, including business interests, inherited wealth, trusts and high net worth divorce matters
- Advising on child arrangements and, where necessary, applying for a child arrangements order
- Advising on international divorce and assets held across different jurisdictions
- Using mediation, collaborative law, arbitration and other forms of alternative dispute resolution
- Representing clients in the Family Court where agreement cannot be reached
- Providing urgent advice in cases involving domestic abuse, financial control or concerns about the movement of assets
We look at the divorce itself alongside the wider financial and family law issues. The legal end of the marriage does not automatically resolve finances or arrangements for children, so our divorce lawyers will help you consider each part of the overall process in the right order.
This may include advising on whether financial matters should be resolved before the final order, what disclosure is needed, how pensions or business assets should be valued and whether a financial agreement should be recorded in a consent order. Where children are involved, we will help you work towards arrangements that provide stability and reflect their best interests.
Case Studies
JMW Protects Wife’s Home in Financial Remedy Case
JMW acted for the wife in financial remedy proceedings and successfully protected her long-term housing position after her husband sought a further share of the matrimonial assets. The court accepted her case, allowing her to retain the former family home and rejecting the husband’s claim for 50% of the net sale proceeds.
JMW Secures Client’s Financial Future in International Divorce Case
JMW represented a woman in a complex international divorce involving limited assets, overseas property and pension issues. The team secured the transfer of two Indian properties to the client, a £48,000 lump sum and a significantly improved share of her husband’s pension, helping her address debts and plan for greater long-term stability.
The Divorce Process and Timeline
The divorce process legally ends your marriage. It is separate from resolving financial matters or agreeing arrangements for children, although these issues often need to be considered at the same time.
To apply for a divorce in England and Wales, you must usually have been married for at least one year. You can make a sole application or apply jointly with your spouse.
The main stages are:
- Divorce application: one or both spouses confirm that the marriage has irretrievably broken down.
- Conditional order: this can be requested once at least 20 weeks have passed since the application was issued.
- Final order: this legally ends the marriage and can usually be requested six weeks and one day after the conditional order.
A straightforward divorce will therefore usually take at least six to seven months. It may take longer if there are problems serving the application or delays in responding.
It is often sensible to address financial matters before applying for the final order, particularly where pensions, inheritance rights or other significant assets are involved. Our divorce solicitors will advise on the timing and manage the legal process alongside any related financial or children matters.
How does no-fault divorce work?
No-fault divorce was introduced in April 2022. You no longer need to prove adultery, unreasonable behaviour or a period of separation.
Instead, one or both spouses provide a statement that the marriage has irretrievably broken down. A spouse cannot usually stop the divorce simply because they disagree with it, although an application may still be disputed on limited grounds such as jurisdiction or the legal validity of the marriage.
Read more about how the law regarding grounds for divorce has changed, and how the process works now.
Financial Settlements in Divorce
Divorce does not automatically divide your assets or end the financial claims you and your former spouse may have against each other.
A financial settlement can deal with:
- The family home and other property
- Savings and investments
- Pensions
- Business interests
- Debts and liabilities
- Lump sum payments
- Spousal maintenance
- Trusts, inherited wealth and international assets
Both parties will usually need to provide full financial disclosure before an agreement can be reached. The outcome will depend on factors including income, financial needs, the length of the marriage, available assets and the needs of any children. There is no automatic rule that everything must be divided equally.
Once terms have been agreed, they should normally be set out in a consent order and approved by the court. This makes the agreement legally binding. A clean break order may also be appropriate where the intention is to prevent future financial claims.
Pensions can be among the most valuable assets in a marriage and may be divided through a pension sharing order or taken into account when dividing other assets. Spousal maintenance may be considered where one person cannot meet their reasonable needs from their own income.
Complex cases involving businesses, substantial assets, trusts or international elements may need valuations, specialist financial advice or input from lawyers in other jurisdictions. JMW regularly advises on high net worth divorce and works with accountants, pension experts and valuers where needed.
Read more:
Child Arrangements After Divorce
The divorce itself does not decide where children will live, how much time they will spend with each parent or how important decisions will be made.
Parents may need to agree:
- Where the children live
- Time with each parent
- School holidays and special occasions
- Education, healthcare and travel
- Child maintenance
Many parents reach an agreement directly, through solicitor-led negotiation or with the help of family mediation. A parenting plan can be used to record the practical arrangements.
Where agreement is not possible, either parent can apply to the Family Court for a child arrangements order. The court’s priority will be the child’s welfare and best interests.
The reasons for the divorce will not usually determine the outcome. However, domestic abuse, coercive control or another safeguarding concern may affect the arrangements and the process used to reach them.
Child maintenance is usually dealt with separately, either through a private agreement or an assessment by the Child Maintenance Service.
Read more:
Mediation and Resolving Matters Out of Court
Not every financial or children dispute needs to be decided at a final court hearing. The court expects parties to consider suitable forms of alternative dispute resolution where it is safe and appropriate to do so.
Options include:
- Solicitor-led negotiation: proposals are exchanged through each person’s lawyer.
- Family mediation: an independent mediator helps both people discuss the issues and explore possible solutions.
- Collaborative law: each person works with a collaboratively trained family lawyer through a series of joint meetings.
- Family arbitration: a private arbitrator makes a decision where the parties cannot reach agreement.
These options can offer greater control over the timetable and may help with reducing conflict. Court proceedings may still be needed where one person will not provide financial disclosure, urgent protection is required or agreement cannot be reached.
Our divorce lawyers will explain the available routes and recommend an approach based on the issues, likely cost and outcome you are seeking.
How Much Does a Divorce Cost?
The cost of divorce usually has three separate elements:
- The court fee for the divorce application
- Solicitors’ fees for managing the divorce proceedings
- Separate legal costs for resolving finances or child arrangements
The current court fee for applying for a divorce in England and Wales is currently £628. People on a low income or certain benefits may qualify for full or partial help with court fees through the Help with Fees scheme.
The fees for financial settlements and child arrangements can vary. For example:
- An agreed divorce with no disputed finances will cost less than a case involving negotiation over property and pensions.
- A case involving a business, trusts or substantial international assets may require valuations and specialist advice.
- Children matters may be resolved through negotiation or mediation, or may need a court application.
We will explain the fee structure and likely scope of work at the outset.
Why Choose JMW?
JMW has more than 40 specialist family lawyers based in Manchester, Liverpool and London. We advise clients throughout England and Wales, as well as those living overseas or dealing with international assets.
Our team handles straightforward divorce proceedings alongside complex financial settlements involving businesses, property portfolios, trusts, pensions and substantial assets.
JMW’s family law team is led by the renowned family law experts Michael Chapman and Elspeth Kinder in Manchester, with Beverley Jones heading our Liverpool team and Tracey Rodford and Philip Cooper leading the team in London. We have been recognised by the Legal 500 and Chambers & Partners, with members of the team also recognised by Spear’s 500.
Our clients benefit from:
- Resolution-accredited lawyers
Support from JMW’s in-house barrister Abigail Bennett, who also sits as a deputy district judge. This provides us with a judicial perspective on how a court will view your case.
- Access to wider private wealth, corporate and property expertise
- Access to JMW Signature, JMW’s specialist offering catering to the complex needs of ultra high net worth clients and family offices
- Experience of negotiation, mediation, collaborative law, arbitration and Family Court proceedings
- A clear explanation of costs, options and likely next steps
Our approach is clear, strategic and focused on achieving a fair and workable outcome without adding unnecessary conflict or delay.
To learn more about why you can trust JMW’s divorce and family law services, browse our accreditations page or read about our recent family law successes.
Meet the Team
Our family law team provides expert advice and compassionate support for individuals going through divorce, helping you navigate the legal process and reach fair, practical outcomes for your future.
FAQs About Divorce
- Do I need a solicitor to get divorced?
You are not legally required to use a solicitor to submit a divorce application. However, the application only ends the marriage; it does not resolve financial claims or child arrangements.
Taking advice can be particularly important where you own property, have pensions or business interests, rely financially on your spouse, or need guidance on when to apply for the final order. A divorce solicitor can also prepare the consent order needed to make a financial agreement legally binding.
- Can I apply for a divorce online?
Yes. Most divorce applications in England and Wales can be submitted through the HM Courts & Tribunals Service online system, either by an individual or through their solicitor.
JMW can manage the process remotely, including meetings and the exchange of documents. Using an online process does not change the need to deal separately with finances and arrangements for children.
- What should I do first if I want a divorce?
Before making major decisions, take legal advice and gather a basic picture of your circumstances. This should include information about the family home, other property, savings, debts, pensions, income and business interests.
You should also consider immediate arrangements for your children and whether there are any concerns about domestic abuse or the movement of assets. Early advice can help you approach these issues in the right order and avoid decisions that may weaken your position.
- I have received divorce papers. What should I do?
Read the documents carefully and note any deadline for responding. If your spouse has made a sole application, you will usually need to complete an acknowledgement of service confirming that you have received it.
You should seek advice promptly if you have concerns about jurisdiction, the validity of the marriage or the information in the application. Responding to the divorce does not prevent you from making separate proposals about finances or child arrangements.
- Can my spouse refuse or contest the divorce?
Your spouse cannot usually stop the divorce simply because they do not agree that the marriage should end. Under no-fault divorce law, the statement that the marriage has irretrievably broken down is treated as conclusive.
A divorce can only be disputed on limited legal grounds, such as the validity of the marriage, whether the courts of England and Wales have jurisdiction, or whether the marriage has already legally ended. Disagreements about finances or children are dealt with separately.
- Do I have to prove grounds for divorce?
No. Since no-fault divorce was introduced in April 2022, you do not need to prove adultery, unreasonable behaviour or a period of separation.
One or both spouses instead provide a statement confirming that the marriage has irretrievably broken down. The court does not investigate who was responsible for the relationship ending.
- Can a judge refuse a divorce?
A judge will not refuse a divorce because they believe the couple should remain married or because one spouse objects.
An application may only be refused or delayed where there is a specific legal or procedural problem. Examples include a lack of jurisdiction, an invalid marriage or a failure to complete the required stages correctly.
- Will I have to go to court?
Most people do not need to attend court to obtain the divorce itself. The application, conditional order and final order are generally handled through the online court process.
Separate hearings may be required if you cannot reach agreement about financial matters or child arrangements. Even then, many cases resolve through negotiation, mediation or another form of alternative dispute resolution before a final hearing.
- Does the reason for divorce affect the financial settlement?
Usually not. The financial settlement is based primarily on the available assets, each person’s needs and resources, and the welfare of any children rather than responsibility for the relationship breakdown.
Conduct is only relevant in exceptional cases. Financial behaviour may also be taken into account where, for example, one person has deliberately dissipated substantial assets.
- Does the reason for divorce affect child arrangements?
The reasons for the relationship ending will not usually determine where children live or how they spend time with each parent.
The Family Court focuses on the child’s welfare and best interests. Behaviour becomes relevant where it affects safety or parenting, including cases involving domestic abuse, coercive control, substance misuse or another safeguarding concern.
- Does the final order end our financial ties?
No. The final order ends the marriage, but it does not automatically dismiss the financial claims former spouses may have against one another.
A separate financial order is normally needed to record the settlement and provide certainty. Where appropriate, a clean break order can prevent either person from making further financial claims against the other.
- Can my spouse and I use the same divorce solicitor?
No. One solicitor cannot advise both spouses because their interests may differ, even where the separation is amicable.
One person may instruct a solicitor to prepare the divorce application or draft a consent order reflecting an agreement. The other person should obtain independent legal advice before agreeing to the terms.
- What was the two-year divorce rule, and does it still apply?
Before the law changed in April 2022, one route to divorce involved living separately for at least two years and obtaining the other spouse’s consent.
That rule no longer applies. You do not need to wait two years or prove a period of separation, although you must generally have been married for at least one year before submitting a divorce application.
- How can I protect a family business during divorce?
The first step is to obtain a clear and independent understanding of the business’s ownership, value, income and future prospects. The business will not necessarily be sold or divided, even if it forms part of the financial resources considered during divorce proceedings.
A settlement may allow one spouse to retain the business by offsetting its value against other assets or arranging a transfer or buyout. Prenuptial agreements, postnuptial agreements, shareholder arrangements and clear separation between personal and company finances can also help reduce future uncertainty.
Talk to Us
Divorce involves more than bringing a marriage to an end. Decisions about finances, property, pensions, businesses and children can shape your position long after the final order has been made.
JMW’s divorce solicitors provide clear, strategic advice from the outset. Whether you need help with a straightforward divorce application, a financial settlement, child arrangements or a complex case involving substantial or international assets, we will help you understand your options and work towards a fair, practical outcome.
To speak to our family law team in confidence, call 0345 872 6666 or complete our online enquiry form to arrange a consultation at a time that suits you.
