Clear, practical answers to the questions we hear most often. Free to explore, at your own pace, to help you understand your situation and feel more confident about what comes next.
A divorce formally ends a marriage. Only the Court can legally bring a marriage to an end.
Since April 2022, the divorce process in England and Wales has been simplified. Couples no longer need to provide a reason for the divorce or prove that the other person is at fault. Instead, one or both spouses must confirm that the marriage has irretrievably broken down, in other words, that they do not believe the marriage can be reconciled.
Either spouse can start the divorce process, or you can now apply together.
What happens once the process has started will depend on the circumstances of the couple. In particular, matters such as their financial position, living arrangements and whether they have children can all affect the next steps.
The time it takes to complete a divorce can vary depending on the circumstances of the couple and whether there are any other matters that need to be resolved.
In England and Wales, there is a minimum 20-week period between the start of the divorce application and the application for the Conditional Order. This is intended to give both people time to consider their position and make arrangements for matters such as finances and children.
Once the Conditional Order has been made, there is then a minimum 6-weeks and 1-day waiting period before the Final Order can be applied for. The Final Order formally ends the marriage.
This means that, even where the divorce is straightforward and there are no complications, the process will usually take at least around 6 months from the start of the application to the Final Order.
However, the divorce itself is only one part of the process. Financial matters and arrangements for children are dealt with separately and can take longer to resolve, particularly where an agreement cannot be reached.
At All Law, we can guide you through the divorce process and advise you on any financial or child arrangement issues that need to be dealt with alongside it.
Yes, each party should have their own independent solicitor if they are seeking legal advice about their divorce, finances, or arrangements for their children.
A solicitor’s role is to advise and represent their own client. This means that if you and your spouse or partner have different interests or positions, one solicitor cannot advise you both.
However, this does not mean that you must resolve everything through Court proceedings. If you can communicate and reach an agreement, you can each take independent legal advice while working together to resolve matters.
If you have assets or finances shared with your husband, wife or civil partner, an important part of the divorce process is considering whether you need a Financial Order.
A Financial Order can set out how your finances should be dealt with following separation. Depending on your circumstances, it can cover matters such as how assets should be divided, whether a property should be sold or transferred, whether maintenance should be paid or a pension sharing order should be considered and whether there should be a “Clean Break” between you.
In many cases, a Financial Order can be agreed between the separating couple. Where an agreement is reached, it is important for the agreement to be submitted to the Court to ensure that it becomes legally binding and to end all financial connections with your ex-spouse, or civil partner.
For many people, one of the biggest concerns during divorce is understanding what their financial position will look like during and after the divorce process. One of the most common questions we are asked is “what am I entitled to?”
In some cases, a fair outcome may involve an equal division of the couple’s finances and property. However, there is no automatic rule that everything should simply be divided 50/50.
The appropriate financial outcome will depend on the individual circumstances of each couple. A number of factors may need to be considered, including:
For example, it may not be fair for a couple to divide their assets and pensions equally if, following the divorce, one person has significantly greater earning capacity, substantially higher income, or considerable savings.
The aim is to reach a financial arrangement that properly reflects the circumstances and needs of both people, rather than simply applying a 50/50 split in every case.
Mediation is a process that helps separating or divorcing couples reach an agreement about the issues they need to resolve, without having to ask the Court to make the decisions for them.
Family mediation can cover a wide range of issues, including arrangements for children, finances, property, and pensions.
The process will vary depending upon circumstances but will usually involve an initial assessment known as a Mediation Information and Assessment Meeting (MIAM). This gives the mediator an opportunity to understand the circumstances, explain how mediation works and consider whether mediation is suitable.
If the mediator considers the issues suitable for mediation, then your husband / wife / civil partner will be invited to take part in mediation.
If they agree to this then they will also attend a MIAM.
Following both of the MIAMs, the proper mediation process will commence, which can involve several meetings.
A mediator is an independent and impartial person who helps separating couples communicate and work towards an agreement.
The mediator does not take sides, make decisions for either person or tell you what you should agree to. Instead, their role is to help both people understand the issues, identify what is important to them and explore possible solutions.
A mediator may help you discuss matters such as:
The mediator will ensure that both people have an opportunity to be heard and will help keep discussions focused and constructive. They can also help identify areas where an agreement may be possible and, where appropriate, record the proposals or agreements reached.
A mediator is not acting as either person’s solicitor. They cannot provide either party with independent legal advice. You can therefore have your own solicitor alongside the mediation process to advise you on your legal position and the terms of any proposed agreement.
The mediator’s role is to help you reach your own informed decisions, rather than making those decisions for you.
Legal Aid is financial assistance provided by the Government to help people who cannot afford to pay for legal advice or representation.
In family law, Legal Aid is available in certain circumstances, but not every family law case will qualify. Eligibility usually depends on your financial circumstances and the type of legal issue you are dealing with.
Legal Aid may be available for certain cases involving domestic abuse, children, and other family law matters. There are specific eligibility requirements, and you may need to provide evidence to show that you qualify.
If you are eligible for Legal Aid, it may help cover some or all of the cost of legal advice and, in some circumstances, representation at Court.
The government website can help you find out if you are eligible: –
We understand that deciding where children will live and how they will spend time with each parent can be one of the most difficult aspects of separation.
At All Law, we can help you reach an agreement about the arrangements for your children, including where they will live and how often they will spend time with each parent. Our aim is to help you find practical arrangements that work for your family and, most importantly, meet the needs of your children.
We can also help you with more specific issues, such as which school your children should attend, changes to their education or healthcare, or whether one parent wishes to relocate with the children.
Where an agreement cannot be reached, we can help you apply to the Court for an order. This may include an application to determine child arrangements, a specific issue or to stop the other parent from doing something you do not consent to.
The best place to start for identifying how much child maintenance you’ll either receive or pay (depending on the arrangement circumstances) can be found online atwww.gov.uk/calculate-child-maintenance
This government questionnaire will give you an approximate figure but it’s usually a pretty good guide.
In order to get a figure from the calculator, you’ll need to have financial information of both parents handy, including:
Yes, potentially. Getting divorced does not, by itself, automatically end all financial claims between you and your former spouse.
Even after the divorce has been finalised, either person may be able to make a financial claim against the other unless those claims have been properly dealt with by a Financial Order.
If you have reached an agreement about your finances, it is important to have that agreement recorded in a Consent Order and, where appropriate, to include a Clean Break Order.
A clean break can bring future financial claims between you to an end, giving both parties greater certainty about their financial position going forward.
Without a financial order, simply obtaining your Final Order (formerly known as the Decree Absolute) does not necessarily prevent future financial claims. The Court can make financial orders following divorce, including orders relating to property, pensions, capital, and maintenance.
For this reason, dealing with your finances should be considered separately from the divorce itself. Even if you have already agreed how your finances will be divided, it is important to take legal advice about whether that agreement should be formalised in a Consent Order.
The initial meeting with the mediator, known as the MIAM, gives you an opportunity to discuss your concerns privately with the mediator, who can assess whether mediation is appropriate in your circumstances.
There are circumstances where you may be exempt from attending a MIAM. These include situations such as:
No. Mediation does not necessarily mean sitting in the same room as your spouse or former partner.
If you feel uncomfortable being in the same room, you should raise this with the mediator. Depending on the circumstances, mediation may be arranged so that you and the other person are in separate rooms, with the mediator moving between you. This is sometimes referred to as shuttle mediation.
In some cases, the mediation may also take place remotely, with each person joining from a separate location.
You should not feel that you have to sit face-to-face with your spouse simply because you have agreed to consider mediation. The aim is to provide a safe and constructive environment in which both people can participate.
If you die without a Will, rigid government rules (“the Rules of Intestacy”) decide who receives your money, property and possessions.
These Rules prioritise beneficiaries (those who inherit) in a particular order. For instance, the first priority for inheritance is the spouse. Then, any children. If you don’t have a spouse or any children, your closest living blood relatives will inherit.
It’s important to state that friends, unmarried partners and charities are not included within the Rules of Intestacy. They also don’t include specific gifts or items.
The best way to ensure your wishes are reflected is to write a Will and not let the law decide for you.
A Guardian is someone you appoint in your Will to care for and raise your children if you die while they are under 18.
If your children have another parent who has parental responsibility, that parent would normally continue to have a role in deciding how and where your children are raised.
However, there may be circumstances where there is no surviving parent who can care for the children. In these circumstances, your chosen Guardian can step in to care for them.
Including a Guardianship clause in your Will allows you to record who you would want to care for your children if you were no longer able to do so.
When two people have the same wishes for their Wills, this can be reflected in a pair of Mirror Wills.
They’re often used by couples who want to leave everything to each other, and then to the same people, such as their children, when both have passed away.
A trust in your Will can give you more control over what happens to your assets after your death.
Trusts can be used in different ways. They can protect assets, provide for children or other family members, or allow assets to be managed for someone who may need extra support.
The right type of trust will depend on your circumstances and what you want to achieve.
A Will is a document which sets out what you have, where you want it to go when you pass and who will be responsible for carrying out your wishes.
Probate means “permission”. In this context, it’s permission to gather the assets of the person who’s died, pay any Estate debts and distribute what’s left to their nearest and dearest.
A Trustee is someone trusted to look after money or an asset, either permanently or until a date in the future.
Imagine a Trust as a “safety deposit box”. Somewhere we put money or assets to keep them safe.
An LPA lets you choose trusted individuals to make decisions for you if you can no longer make them yourself.
A Property & Finance LPA can also be used while you still have capacity, if you want someone to help manage your finances or deal with them on your behalf.
Without an LPA, your family may not be able to access your finances or make decisions on your behalf if you lose capacity. They may need to apply to the Court of Protection instead, which can take time and involve additional cost.
We like to simplify what Probate is by linking it to the word “permission”.
An Executor, responsible for “executing” or “carrying out” the instructions within the Will, is the person who applies for permission to deal with the estate.
To do this, they (or their Solicitors), must
Whether inheritance tax is payable depends on who is inheriting and what the value of the NET estate is.
Inheritance Tax (IHT) is generally paid from the estate, although in some circumstances it may be payable by a beneficiary instead.
The starting point is the “nil rate band”, which is currently £325,000. This is the amount that can generally pass free of IHT.
However, the position is not always as simple as looking at the value of the estate when someone dies. Lifetime gifts and other factors can affect how much of the £325,000 nil rate band is available.
IHT is generally charged at 40% on the part of an estate that is taxable and exceeds the available nil rate band, subject to any applicable exemptions, reliefs or other allowances.
For example, if a person has an estate of £340,000 and their available nil rate band is £325,000:
This would leave £334,000 after IHT, before taking account of any debts, expenses or other deductions from the estate.
The IHT position can be more complicated where there have been lifetime gifts, or the estate qualifies for additional reliefs or allowances.
Your estate may be able to benefit from more than one IHT allowance.
Everyone has a nil rate band, currently £325,000. If you are married or in a civil partnership, any unused allowance of the first spouse/civil partner to die can usually be transferred to the surviving spouse or civil partner.
You may also qualify for a residence nil rate band of up to £175,000 if you leave a qualifying home to your children, grandchildren or certain other direct descendants. Any unused residence nil rate band can also usually be transferred between spouses and civil partners.
Where the conditions are met, a married couple or civil partners could therefore have up to £1 million of combined IHT allowances available between them.
Depending on the type of legal matter you need help with, your Solicitor will be either Shelby Munn (Wills, LPA and Probate), Mia Jakeman (Divorce and Family Law) or Chris McCrudden (Litigation). Jeff Garland is a Solicitor who supervises Mia’s family work. Ella Marrs is our trainee Solicitor and mainly helps Shelby with her Clients.
All Clients receive direct and regular contact from Ruth Penny, our Client Services Manager. She is responsible for ensuring you’re feeling supported and receive regular updates from the start of your case until the very end… and even after that.
Wherever possible, we try and offer fixed fees to our Clients. There are cases, however, which are difficult to predict in terms of how long they will last. These cases are often more complex. These cases are charged on what is known as an “hourly rate” basis.
You will always be told your Solicitor’s hourly rate before starting your case, so that you can make an informed decision.
For Wills and LPAs, our invoice will be included within the draft documents which are sent to you for your review and approval. For Probate, Grant Only and Grant Only Plus are paid up front, and monies are held in our Client Account until the Probate Application has been submitted. Full Estate Administration is paid once enough assets have been gathered post-Grant to pay our fees.
Hourly rate cases are billed either every month or every 2 months, depending on whether or not you’d prefer smaller bills but more often.
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