Divorce and Separation Solicitors

Navigating the complexities of divorce and separation requires not only legal expertise but an appreciation of personal relationships. The Stephens Scown Family team is dedicated to providing bespoke legal solutions that recognise the unique circumstances of our clients. Our commitment to discretion and excellence ensures your family’s interests are safeguarded with the utmost care and integrity.

The process of divorce and separation

Navigating divorce and separation can be a challenging and emotional time but understanding the process can help make things clearer. To commence divorce proceedings in England and Wales requires:

1. That you have been married for at least one year,
2. That you consider your marriage to have irretrievably broken down, and
3. That you meet the specific jurisdictional requirements.

The divorce application process is commenced using the online divorce portal. The application can be submitted by either spouse, or a married couple can file a joint divorce application together. Once the application has been submitted to the court, the receiving spouse should acknowledge receipt of the application by following a link included in the email they receive from the court.

There is then a 20-week cooling-off period starting on the date the application was issued. This period is intended to provide time for reflection and to ensure the applicant is certain about the decision to divorce. After the 20-week period has elapsed, the applicant can apply for a conditional order (previously known as Decree Nisi). There is a mandatory six-week and one-day waiting period after the conditional order is granted before the final order can be applied for.

To prevent issues that might arise from severing marital ties early, the final order is routinely not applied for until a final financial order is approved by the court. Once applied for and pronounced by the court, however, the final order (previously known as Decree Absolute) formally ends the marriage. If the applicant does not apply, the respondent can apply for the final order three months after the applicant could have first applied.

In practice, the divorce and financial process will tend to run in parallel. It is seldom ever a good idea to deal with one and not the other.

Our experience managing divorce proceedings

The Stephens Scown Family team specialise in legal advice and support for individuals considering or engaged in divorce and separation.

Given the unique and varied circumstances of every personal relationship and separation, clients benefit from our wealth of knowledge and broad perspective from years of experience in family matters. This depth of knowledge enables us to provide effective solutions tailored to each client’s specific needs. By leveraging the collective expertise of a seasoned team, our clients are able to navigate the complexities of divorce and separation with greater confidence and assurance, knowing they are in capable hands.

Our team of family solicitors have experience in dealing with the most complicated financial situations, the most challenging separations and the most difficult opponents. At the same time, we always seek to cut through difficult situations, avoid unnecessary conflict, and work with you to navigate challenges that might arise, enabling you to conclude the divorce in an empowered and dignified way.

The Stephens Scown Family team are leading advisors on:

• the division of property, savings, and investments
• spousal maintenance claims and their variation
• child maintenance
• pension issues
• pre-marital and inherited wealth
• farming divorces or cases with a rural element
• complex corporate and business structures
• trusts (onshore and offshore)
• high-value family and business assets
• intellectual property, royalties and publishing rights
• international and jurisdictional disputes
• freezing injunctions

You can be guaranteed that your divorce and separation will be in the safest of hands.

How our experts can help

At Stephens Scown, we understand that divorce is not just a legal process but a deeply personal journey. Our approach is grounded in the recognition that each client’s situation is unique, requiring tailored solutions addressing their specific needs and concerns. We are here to provide not only expert legal advice but also to give you the confidence in knowing that the approach you are taking is the right one.

From first consultation, we will provide you with clear advice and look to set realistic expectations. We will provide options and recommendations to chart a path most likely to bring about the right outcome for you. Our aim is to provide you with clarity and confidence from day one, and a successful outcome that will best secure your financial future.

Wider considerations and advice

The initial stages of a divorce and separation can leave both spouses outside of their comfort zone and on high alert, alive to unexpected and sudden moves from their spouse. This can be a very unsettling time without the right advice. At this very raw and exposed point on the separation timeline, you will need to be confident that you are doing the right thing. Too often the lack of guidance at this initial stage can cause the fragile equilibrium to unravel into an acrimonious situation. The team at Stephens Scown will give you the tools and information needed to manage this fragile phase.

We will cover all necessary wider points at this stage of the process to include:

• Considerations around provision on death and whether a new Will needs to be drafted to ensure your spouse does not benefit from your estate.
• Joint property ownership and whether that needs to be altered to make sure your property interest is preserved to pass in accordance with your will.
• Lasting powers of attorney to prevent your spouse having the power to make important decisions about your health and finances in the event of your future incapacity.
• Any immigration considerations.
• Death benefit nominations.
• Passwords and email access.
• Confidential documents and personal paperwork.

These can be crucial topics for many people which, if overlooked, can lead to problems. We will make sure you avoid those problems for your peace of mind.

Frequently asked questions:

How can a solicitor help during a divorce?

An expert solicitor should be able to advise you of each step of the divorce process, your rights and entitlements and how to protect them. They will provide you with the tools to make informed decisions and progress through the divorce with confidence and dignity.

What questions should I be asking my solicitor on separation?

When meeting with your solicitor for the first time, you should ask about the immediate practical points you need to be aware of to maintain equilibrium and avoid making a difficult situation worse. These are fundamental to setting you in the right direction at an early stage. You should ask about your financial entitlement on divorce and what the law says about the division of assets on divorce. This helps to set expectations correctly at an early stage.

Can a divorcing couple use the same solicitor?

Yes you can, but only by using a solicitor adopting the Resolution Together approach. There are strict protocols that come with using the same solicitor and important safeguards need to be put in place if you are going to do this. Visit our Resolution Together page for further details.