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Seeking a reliable family lawyer to explain exactly what can (and perhaps more importantly, cannot) be included in a prenuptial agreement?

The experienced team at Mark Reynolds Solicitors can help.

Also referred to as a ‘prenup’, these written contracts can offer greater reassurance for the two parties entering into the agreement.

Contact our prenuptial agreement solicitors today or continue reading to learn more.

Who can enter into a prenuptial agreement?

A prenuptial agreement is an agreement that a couple can enter into if they’re planning on getting married or forming a civil partnership. Only couples with this intention should consider seeking a prenup.

If you don’t plan on getting married or entering into a civil partnership, but you do live together and want some kind of legal reassurance, you may want to consider a cohabitation agreement instead.

Prenuptial agreements are typically sought in relationships where one party is bringing significantly more wealth or assets into the marriage than the other. This can help to protect the wealthier party from being disproportionately impacted in the event that the couple decides to separate.

What can be included in a prenuptial agreement?

Prenuptial agreements are designed to outline which assets have been owned by each party prior to marriage and what will happen to these assets in the event that the couple separates.

They can pertain to a wide range of assets including property, pensions, businesses, savings, inheritance, and income, as well as debts. Exactly what’s included in your prenuptial agreement should be clearly determined during the drafting process with help from an experienced family lawyer.

What cannot be included in a prenuptial agreement?

While prenuptial agreements can cover a variety of matters, there are some subjects that cannot be included in this type of contract. This includes matters relating to child support and custody (including visitation, religious upbringing, and schooling) as well as personal and lifestyle factors.

It’s also important to bear in mind that prenuptial agreements can’t include arrangements that could be considered illegal or unfair. While UK courts recognise these written contracts, any unfair or discriminatory prenuptial agreements are unlikely to be upheld by a judge.

For greater clarification on whether a certain clause can be included in your prenup, talk to our knowledgeable team today.

Find an expert family lawyer to draft your prenuptial agreement

Considering drafting a prenup? Or maybe your fiancé has already given you an agreement to sign. Regardless of your understanding of these contracts, seeking the relevant legal guidance first is essential.

At Mark Reynolds Solicitors, our team has extensive experience supporting our clients with all manner of legal matters and services related to prenuptial agreements. We can provide you with expert legal advice, negotiation services, and court representation, if necessary.

For help collecting evidence, making an application, or presenting your case in court, rest assured that our family law solicitors are on hand to guide you through every step of the process.

To learn more about our prenuptial agreement services or to discuss your case in further detail, give us a call at 0800 002 9577 or head online to submit your enquiry.

Do I need to instruct a prenuptial agreement solicitor?

Yes, prenuptial agreements must be drafted with help from a family law solicitor if you want to ensure the agreement is fair, includes the relevant terms, and meets all the legal requirements.

For validity reasons, both parties must also have received independent legal advice (or been given the opportunity to receive legal advice) regarding the terms of the agreement and any potential consequences before signing the agreement.

How does the negotiation process for a prenuptial agreement work?

Typically, the negotiation process for a prenuptial agreement revolves around the two parties having a transparent and open conversation regarding their prenuptial agreement expectations and concerns.

This discussion focuses on outlining the contents of the agreement and normally includes conversations around the division of assets, spousal support, and how their finances will be managed during the marriage.

To help facilitate a productive discussion, each party will often be accompanied by their own family lawyer to provide them with tailored legal advice and mediation services where necessary. For expert support with this stage of the prenuptial agreement process, talk to Mark Reynolds Solicitors today.

Does a prenuptial agreement require witnesses?

Yes, two witnesses are required to witness the signing of the prenuptial agreement. It’s important to bear in mind that these witnesses must be over 18 and independent, meaning not related to either party entering into the agreement.

To ensure the witnesses meet the necessary requirements, the prenuptial agreement solicitor should make sure the witnesses have signed the agreement and provided certain personal details, including their address and occupation.

Can you review a prenuptial agreement?

In some cases, a prenuptial agreement can be reviewed if a Review Clause is included. Reviews can be arranged every few years or following a certain life-changing event. For example, the birth of a child.

Without a Review Clause, the prenuptial agreement cannot be changed. Instead, you will need to create a postnuptial agreement if you want to alter the terms.

How long does a prenuptial agreement last?

While prenuptial agreements are generally designed to last for the length of the marriage, there are some cases in which they have an expiry date. For example, some couples may choose to include a Sunset Clause in their prenuptial agreement which specifies a future expiration date for the agreement.

However, if your prenuptial agreement doesn’t contain such a clause, then it’s often assumed to last indefinitely. To help avoid being tied into specific terms for too long, a prenuptial agreement solicitor is likely to advise the inclusion of a Review Clause – where the terms of the agreement can be reviewed after a certain period of time or following a significant event.

Regular review of the prenuptial agreement’s terms can help both parties to feel more secure in the relationship. If you’re seeking help from a family law solicitor with experience in reviewing prenuptial agreements, contact our team today.

Are prenuptial agreements automatically enforced?

No, prenuptial agreements aren’t legally binding or enforceable in the UK. However, a judge may take into account the agreement (provided that it’s valid) for the purpose of dividing assets if the two parties can’t come to an agreement between themselves.

A prenuptial agreement must meet certain criteria to be considered valid, including:

• It is contractually valid
• Both parties entered into it willingly
• It must be made by deed and contain a statement signed by both parties
• It must have been made at least 28 days before the marriage
• When the agreement was made, both parties must have received disclosure of information about the other party’s financial situation
• The terms of the agreement must not prejudice the reasonable requirements of children

What is the cost of a prenuptial agreement in the UK?

The cost of hiring a prenuptial agreement solicitor in the UK to draft the agreement can vary significantly. Straightforward prenuptial agreements can cost as little as £500 while more complex agreements can cost up to £5000.

For a more accurate prenuptial agreement services quotation from an experienced family law solicitor, please don’t hesitate to get in touch with our team.

Can you challenge a prenuptial agreement?

Yes, under certain circumstances, prenuptial agreements can be challenged. Among other circumstances, you may be able to challenge a prenuptial agreement if:

• It was unwillingly or untruthfully signed by both parties
• If one party didn’t fully disclose their assets, liabilities, or financial circumstances
• If one party didn’t have the opportunity to receive legal advice before signing
• The agreement is deemed to be unfairly favouring one party

For professional support challenging (or defending) a prenuptial agreement, speak to a knowledgeable family lawyer at Mark Reynolds Solicitors today.

Can I get a prenup after getting married?

A prenuptial agreement relates specifically to an agreement that’s created and signed before you get married or enter into a civil partnership. For a similar agreement after getting married, you will need to set up a postnuptial agreement with support from a family lawyer.

Can I use a prenuptial agreement if forming a civil partnership?

Yes, prenuptial agreements can be just as useful for those seeking a civil partnership as those getting married, offering them the same added reassurance of how their assets would likely be divided if they choose to separate.

What happens to assets acquired after marriage or civil partnership?

Within the prenuptial agreement, you can outline how you want your marital assets to be split in the event of a divorce. The same principal applies to the ending of a civil partnership.

What is the difference between a prenup and a cohabitation agreement?

A cohabitation agreement outlines arrangements (relating to their finances, property, and children) between unmarried couples who are living together. In the event that your separate or either party becomes ill or dies, the agreement outlines their preferred arrangements.

While similar to a prenuptial agreement, the main difference between cohabitation and prenuptial agreements is that the latter is made between two people who plan on getting married soon. Cohabitating couples may have no plans on ever getting married or entering into a civil partnership.

What if we are getting married abroad?

Prenuptial agreements can still be obtained regardless of where you choose to get married.

However, after learning more about your specific circumstances, a prenuptial agreement solicitor may suggest drawing up an international prenuptial agreement that will apply in any relevant jurisdiction for greater protection.

Does a prenuptial agreement mean divorce is more likely?

According to studies, prenuptial agreements by themselves, do not make divorce more likely.

While they may not be the most romantic topic of conversation for newly engaged couples to discuss, these agreements can be incredibly helpful for providing both parties with greater reassurance, clarity, and protection – both before and after they get married.

Despite their unwarranted negative reputation, prenuptial agreements can be the key to offering couples greater reassurance and clarity before they tie the knot or enter a civil partnership.

Fortunately, the experienced team of family lawyers at Mark Reynold’s Solicitors can help to dispel common prenup myths, answer some of the most frequently-asked questions, and guide you through the entire prenuptial agreement process.

Within this comprehensive guide to prenuptial agreements, we leave no stone unturned.

Our expert legal team explains why these written contracts can be useful, how they work, and the important role a professional solicitor can play in their creation and execution.

What is a prenuptial agreement?

A prenuptial agreement (also referred to as a prenup or premarital agreement), is a type of written contract, signed before marriage or entering a civil partnership, which outlines how a couple’s assets should be divided in the event that they divorce or end their civil partnership.

A proactive measure, it encourages couples to have open communication about their finances, ensuring any concerns are addressed quickly and early, and both parties have a clear understanding of one another’s expectations.

How do prenuptial agreements work?

Prenuptial agreements work by simply outlining which partner receives which assets. Assets can be retained by one partner or split between the two parties either equally or a certain percentage.

Essentially, these agreements prevent the automatic equal division starting point for the sharing of marital assets that would typically happen as part of a divorce.

Why consider a prenuptial agreement?

Considering signing a prenup? Always speak to a legal professional first. At Mark Reynold’s Solicitors, we offer comprehensive legal advice, helping you to identify both the benefits and potential implications of signing on the dotted line.

One of the most significant benefits of entering into a prenuptial agreement is that it establishes clear financial boundaries for both parties. This means you both know exactly which assets you’ll be taking with you if you divorce or dissolve your civil partnership.

Contrary to popular belief, studies have shown that prenuptial agreements don’t make divorce more likely. When approached in the right way with support from an experienced prenuptial agreement solicitor, both parties can enjoy greater reassurance, clarity, and protection.

Some key advantages of prenuptial agreements include:

You’re prepared for the worst

No one gets married or enters into a civil partnership thinking about separation, but unfortunately, it can and does happen. However, with an existing prenuptial agreement, you’ll be better prepared for the potentially stressful and emotional process of negotiating and dividing your assets.

They’re easy to obtain

Experienced prenuptial agreement solicitors are experts at helping their clients to obtain this type of agreement. The Mark Reynold’s Solicitors team will work with you to ensure all the necessary terms have been covered well ahead of your upcoming nuptials or civil ceremony.

You have greater clarity and assurance

Alongside helping to prepare you for the worst, a prenuptial agreement can also give couples greater peace of mind, clarity, and reassurance with regards to how their assets will be divided. This is because full financial disclosure is required from both parties, encouraging an open and honest relationship from the offset.

When is signing a prenup a good idea?

Signing a prenuptial agreement may be a good idea if you want greater asset protection in the event of a divorce or dissolution. However, we always recommend discussing your specific circumstances with a prenuptial agreement solicitor to receive tailored legal advice.

While prenuptial agreements do have their benefits, potential implications can include:

Upsetting your partner

Some individuals can view prenuptial agreements as a sign of distrust in a relationship, leading to defensive behaviour from your partner. If you choose to obtain a prenuptial agreement, it’s important to approach the topic at the right time, in a sensitive and reassuring manner.

Significant legal fees

While prenuptial agreement services are often affordable, legal fees can increase with the complexity of the agreement and your chosen payment option. For example, if you opt to pay by the hour for your family lawyer instead of a fixed fee, more complex agreements that require extra work can become costly.

Not automatically legally binding

If you decide to get divorced or dissolve your civil partnership, it’s important to remember that prenuptial agreements aren’t automatically legally binding in the UK. Instead, it’s up to the judge to assess the validity and fairness of the contract to determine whether they’ll uphold the terms.

However, you can increase the likelihood of your prenuptial agreement being upheld by a judge if you seek support from an experienced family lawyer, like Mark Reynold’s Solicitors. Our expert team will use their extensive legal knowledge to ensure the validity and fairness of your prenuptial agreement.

What is included in a prenuptial agreement?

Prenuptial agreements can pertain to many different assets including property, pensions, businesses, savings, inheritance, and income. They can also cover topics such as debt liability – for example, if one party brings significant debt to their marriage that the other party doesn’t want to take on.

As a result, prenuptial agreements can be used to safeguard each partner’s existing assets, as well as protect them against debt liability should one party rack up more debt than the other.

The exact terms and clauses included in a prenuptial agreement will naturally vary from case to case depending on the preferences of both parties. Speaking to a prenuptial agreement solicitor can help to provide greater clarification over what can be included in this premarital contract.

What cannot be included in a prenuptial agreement?

It’s also equally as important to understand what can’t be included in a prenuptial agreement. Crucially, these written contracts can’t include terms relating to child support and custody (including visitation, religious upbringing, and schooling) or personal and lifestyle factors.

Any terms that could be considered illegal or unfair are also unable to be included in prenuptial agreements. As these written contracts aren’t automatically enforceable or legally binding in the UK, it’s at the judge‘s discretion as to whether they will uphold the agreement.

Agreements that are unfair or discriminatory are unlikely to be upheld by a judge. A prenuptial agreement solicitor can review the contract and ensure it meets the relevant requirements to help increase the likelihood of the contract being upheld by a UK court.

Are prenups legally binding in the UK?

In the UK, prenuptial agreements aren’t legally binding. However, these written contracts can be upheld in court by a judge, so long as the agreement is considered fair and valid. These agreements are designed to help with the division of assets if they two parties can’t come agree between themselves.

To be considered valid, the prenuptial agreement must meet certain criteria. It must be:

• Contractually valid
• Willingly entered into by both parties
• Made by deed and contain a statement signed by both parties
• Made at least 28 days before the marriage
• Made with both parties having full disclosure about the other party’s financial situation
• Made with agreement terms that don’t prejudice the reasonable requirements of children

How are future assets handled in a prenup?

Prenuptial agreements don’t just refer to how a couple’s premarital assets should be divided – they can also specify terms for assets obtained during the marriage (martial assets) or civil partnership.

As long as there’s mutual consent, the parties can use the prenup to stipulate how their future assets should be divided in the event of divorce or the end of their civil partnership. A family lawyer can work with you to ensure specific terms relating to marital assets are accurately outlined within the prenuptial agreement.

Can you change a prenup after marriage?

Prenuptial agreements are written and signed before marriage. As long as both parties consent to the amendments, these contracts can sometimes be modified to take into account changes in circumstances.

Alternatively, some prenuptial agreements can be drafted to include a Review Clause. This clause simply sets a date for when a review of the agreement should take place. This can be after a certain period of time, for example, five years, or after a life-changing event, like the birth of a child.

If you wish to change the agreement after getting married, you can do this by making a new type of written contract, known as a postnuptial agreement.

How much does a prenup cost?

The cost of hiring a prenuptial agreement solicitor in the UK can vary based on their experience, location, and the complexity of the agreement. This means prenuptial agreements can cost anywhere in the range of £500-£5000.

If you’d like to receive a more accurate quote, we recommend discussing your specific prenuptial agreement requirements with one of our professional family lawyers.

Do I need a solicitor for a prenup agreement?

Seeking the services of a family law solicitor is essential when considering a prenuptial agreement. This is because both parties must receive independent legal advice for the agreement to be valid.

A prenuptial agreement solicitor can help to draft the agreement and manage contract term and clause negotiations, ensuring that the terms are fair. These measures can help to ensure that the contract is more likely to be upheld in court should disagreements regarding asset division arise.

An experienced family lawyer can also ensure you haven’t been forced into signing the agreement and fully understand how the contract works as well as the potential implications of entering into the agreement.

If necessary, an expert prenuptial agreement solicitor, like Mark Reynold’s Solicitors, can even provide you with court representation in the event of a dispute regarding the contract.  Throughout this process, they can support you with collecting relevant evidence and information.

How to get a prenuptial agreement

Obtaining a prenuptial agreement needn’t be difficult. Below, the professional legal team at Mark Reynold’s Solicitors explains how you can get a prenuptial agreement in just five simple steps.

Discuss expectations with your partner

When deciding to pursue a prenuptial agreement, it’s important that you and your partner are on the same page. Making a list of all the assets you both own, either jointly or separately, can be a great starting point for discussing your expectations.

Receive independent legal advice

First and foremost, both parties must receive independent legal advice for the premarital contract to be valid. A prenuptial agreement solicitor can also advise you on the contents of the agreement and the impact it would have on you if you decided to divorce.

Start prenuptial agreement negotiations

Even if you initially agree on how your assets should be divided, you may decide that negotiations are necessary after receiving legal advice. Each party should enlist legal guidance from a family law solicitor to help outline expectations and address concerns.

Draft the agreement

Once the terms of the prenup have been settled, your family lawyer can draft the full agreement for your review, ensuring it meets the necessary criteria. Following a full review from both parties, final amendments can then be made before the document is signed.

Sign the agreement

The final stage of the process is to simply sign the agreement. The contract must be willingly signed by both parties without any coercion. Two independent witnesses are also required to sign the agreement on behalf of each party – these witnesses cannot be related to the couple and should be over the age of 18.

How Mark Reynolds can help with prenuptial agreements

Looking to learn more about prenuptial agreements? No matter what stage of the prenuptial agreement process you’re in, receiving comprehensive legal guidance is vital. At Mark Reynolds Solicitors, we can provide expert support with:

• Drafting prenuptial agreements to avoid future disputes
• Ensuring you understand potential consequences
• Contract term and clause negotiations
• Presenting your case in court, if necessary
• Ensuring the written agreement is valid and fair
• Collecting relevant agreement evidence and information

If you’d like to find out more about our wide range of legal services related to prenuptial agreements, please contact our knowledgeable team today.

To speak to an experienced family law solicitor about your prenuptial agreement requirements, call 0800 002 9577. You can also submit your enquiry using our online contact form.

Need support or guidance with the divorce process? At Mark Reynolds Solicitors, our team of family law experts has helped countless couples successfully navigate the complexities of divorce to reach fair and amicable outcomes. Below, we’ve answered some of the most common questions that we get asked about no-fault divorces. If you still can’t find the answer to your question, get in touch with our team of family law solicitors by calling 0800 002 9577 for personalised advice.

What is no-fault divorce?

No-fault divorce is a legal process in England and Wales that allows couples to get divorced without having to place blame or prove wrongdoing. Instead, couples only need to confirm that their marriage has irretrievably broken down. No-fault divorces were introduced in 2022 to reduce conflict between separating couples.

Who can get a no-fault divorce?

Anyone in England or Wales can get a no-fault divorce, providing they meet the following criteria:

• They’ve been married for over a year.
• Their relationship has permanently broken down.
• Their marriage is legally recognised in the UK.

How does the no-fault divorce process work?

To begin the process, you must first complete a no-fault divorce application to give notice that your marriage has irretrievably broken down. You can do this on your own, or you can submit a joint application with your spouse. After a 20-week reflection period, you can apply for a conditional order. After the conditional order has been granted, a 43-day cooling-off period begins. After this time, you can apply for a final order. Once the final order has been approved, you will be legally divorced.

What documents do I need to provide when applying for a no-fault divorce?

To make a no-fault divorce application, all you need is your and your spouse’s full name and address, your original marriage certificate or a certified copy, and proof of your name change if you’ve changed it since you got married.

How long does a no-fault divorce take?

From start to end, a no-fault divorce usually takes a minimum of six months. However, every divorce is different, and your no-fault divorce timeline will depend on your individual circumstances and the complexity of your case.

How much does a no-fault divorce cost?

The court fee for filing a divorce application in England and Wales is currently £593. Additional costs may include legal fees, mediation fees, or expenses related to financial and childcare arrangements.

Can I apply for a no-fault divorce if my spouse doesn’t agree?

Yes, you can apply for a divorce even if your spouse doesn’t agree. To do so, simply file a sole application for divorce.

What happens if my spouse doesn’t respond to the divorce application?

Under no-fault divorce law, your spouse cannot prevent the divorce from going ahead just because they don’t agree. If they fail to respond within 14 days of receiving the divorce petition, you can either ask the court bailiff to serve them personally or apply to the court for deemed service. This is where you ask the court to accept that they have received the petition even though they haven’t acknowledged it.

Are there any alternatives to no-fault divorce?

If you haven’t yet been married a year or don’t want to get a divorce for religious or personal reasons, then a judicial separation is sometimes used as an alternative to divorce. This ends your relationship formally but not legally.

Will a no-fault divorce impact financial arrangements or child custody?

The no-fault divorce process does not decide financial arrangements or child custody. These matters are handled separately through negotiation, mediation, or the courts. We recommend that you make a financial order to agree on how money, marital assets, and child maintenance costs will be split. This can help to provide both parties with clarity and prevent future disputes.

Do I need a solicitor for a no-fault divorce?

You are not legally required to have a solicitor for a no-fault divorce, but it is strongly advised! A specialist family law solicitor can provide you with legal guidance and support, keep the process moving along quickly, and ensure the best outcome for you and your family.

What should I take into consideration when going through a no-fault divorce?

When going through a no-fault divorce, it’s important to consider how the divorce will affect your finances, living arrangements, and any shared responsibilities, especially if you have children. Where possible, it’s always preferable to come to an agreement over these matters amicably outside of court, as going to court can be expensive and stressful and can mean the final decision is out of your hands.

Can a no-fault divorce be contested?

No. Under no-fault divorces, the right to contest a divorce has been removed.

Can I get a no-fault divorce in England if I got married in a different country?

You can get a no-fault divorce in England, even if you got married abroad, providing you meet the requirements for the divorce to be recognised by the UK courts, as stated below.

• You have a valid marriage certificate. (If your marriage certificate is not in English, you will need to obtain a certified translation of it.)
• Your marriage is valid under UK law.
• Typically, you must also meet residency requirements.

Need guidance on no-fault divorce? Speak to our family law experts at Mark Reynolds Solicitors.

At Mark Reynolds, our team of family law solicitors provide personalised and compassionate legal advice and support to couples navigating the no-fault divorce process.

We appreciate that separating from a partner can be a messy and emotional process, especially when children are involved. We provide sympathetic and straightforward legal advice and services that aim to make a difficult process that much easier.

Contact our team today to arrange a free, no-obligation consultation.

In family law, it is sometimes necessary for the court to take action to regulate a person’s behaviour – whether that’s to compel them to act or refrain from acting in a certain way.

To achieve this, the court relies on two key mechanisms: orders and undertakings. While the two are very similar, there are some differences in how they are issued and the consequences of breaching them.

In this article, we’ll define both an order and an undertaking in family law and explain the main differences between the two.

What is an order in family law?

In family law, an order is a ruling issued by a judge. Orders usually require an individual to do or refrain from doing a specific action.

Court orders are legally binding and enforceable by law, meaning that it is a criminal offence to breach one. Those found guilty of breaching a court order could find themselves facing arrest and prosecution.

Examples of family law orders include:

• Non-molestation orders: Protects an individual from harassment or abuse by prohibiting certain behaviours.
• Occupation orders: Determines who can live in the family home or enter the surrounding area. Typically used to ensure the safety of individuals during domestic violence cases.
• Child arrangement orders: Specifies where a child will live and how much time they will spend with each parent.
• Prohibited steps orders: Prevents a parent from taking certain actions without the court’s consent (e.g. Relocating a child to another country).
• Financial orders: Stipulates how assets, spousal and child maintenance will be divided following a divorce or separation.
• Restraining orders: Prevents a person from contacting or approaching another individual.

What is an undertaking in family law?

So, what is an undertaking?

An undertaking in law, is a voluntary promise made to the court by an individual committing to act or abstain from acting in a certain way. Undertakings are often made during legal proceedings concerning domestic violence, child custody, and divorce.

You may be wondering, if it’s a voluntary promise, is an undertaking legally binding? The answer is yes, undertakings are legally binding. However, breaching one is not a criminal offence, and a person cannot be arrested for it.

Examples of the types of undertakings that are made in family law include:

• Not to contact a former partner.
• To vacate the family home by a certain date.
• To comply with child arrangements.
• To pay financial support.
• Not to take a child abroad without court permission.

What is the difference between an order and an undertaking?

Court orders and undertakings are both legally binding, are used in similar circumstances, and have similar effects. The difference between the two lies in how they are issued and the consequences of breaching them.

When an order is issued, it is imposed by the court without an individual’s consent. In comparison, an undertaking is made to the court voluntarily by an individual.

If an individual breaches an order that has been imposed on them by the court, it is a criminal offence, and they risk arrest and prosecution. In contrast, breaching an undertaking is not a criminal offence, and you cannot be arrested for it. However, there are still consequences for being in breach of an undertaking. Individuals who do so could be fined or receive a prison sentence for contempt of court.

Navigating court orders and undertakings with Mark Reynolds Solicitors

At Mark Reynolds Solicitors, our team of specialist family law solicitors have helped countless families in the North West to resolve disputes amicably.

If you need legal support or advice regarding obtaining a family law court order or undertaking, or advice on any family law matter, contact us today for a free consultation.

Getting a divorce marks the end of one chapter in your life and the dawn of a new one.

Everyone feels differently about turning the page and starting afresh. Some people may be excited for a new start, whilst others may feel fear, sadness, or a profound sense of loss. Whatever you feel is valid, it’s important to give yourself time and space to get to grips with the new direction your life is taking.

Starting divorce proceedings is the first step towards your new future. It’s a big step to take and one that can seem complex at first. However, with the right advice and support, it needn’t be overwhelming.

Here at Mark Reynolds Family Law Solicitors, we understand that this is a challenging time, and we’re here to make the divorce process as smooth and straightforward as possible.

We’ve created this useful guide to the UK divorce process to provide practical support every step of the way. If you need any further help or advice with the process of divorce in England, don’t hesitate to get in touch with our team of expert divorce solicitors, and we’ll be happy to help.

How does the divorce process work in the UK?

So, how does divorce work?

Divorce is a legal process that formally ends a marriage after it has irretrievably broken down.

It’s important to note that divorce laws in Scotland and Northern Ireland differ slightly, so it’s advisable to seek advice specific to your location if you’re outside England and Wales.

In England and Wales, you must file for a divorce and then follow a set legal process to obtain a final order (decree absolute), which will finalise your divorce.

You can only get a divorce after you have been married for at least one year. If you haven’t yet been married for a year, you will need to apply for a judicial separation instead.

The key stages of divorce include filing a divorce application, securing necessary court orders, and making financial or childcare arrangements.

The new divorce process explained

In 2022, the divorce process in England and Wales became a lot simpler due to the introduction of no-fault divorces.

Since no-fault divorces were introduced, couples are no longer required to prove blame or fault to get a divorce. Now that there is no need to provide a specific reason for the breakdown of a marriage, the process instead focuses on reaching a fair outcome and formally ending the relationship.

The new system has helped to reduce conflict and makes divorce proceedings more straightforward.

The divorce process UK step-by-step guide

If you’re wondering how to start divorce proceedings, we’ve created a step-by-step guide to help you through the process and let you know what to expect. The new system makes divorce primarily an administrative process. The divorce timeline can be roughly divided into the following eight stages.

1. Start a divorce application

You can either make a joint application for divorce or apply on your own. The application can be made online through the .gov website or by post and costs £593. The fee is usually paid by the person making the application.

• Acknowledgement of service

After you submit your application, it is sent to the court. If you applied for the divorce on your own, your partner is then sent a copy of the divorce papers and an acknowledgement of service (AOS). They then have 14 days to respond to the notice by either accepting or disputing the application.

When the divorce proceedings start, a mandatory 20-week reflection period begins. This period gives the couple time to reflect on whether divorce is definitely what they want, and if so, agree on practical arrangements about how assets will be divided and children will be cared for.

• Application for a conditional order

After 20 weeks have passed, you can apply for a conditional order (previously known as a Decree Nisi). A conditional order is a document that confirms that the court has granted you permission to divorce. If you made your divorce application online, you can apply for a conditional order online too.

• The court reviews your application

The court will now review your application to ensure that all requirements have been met; this step can take several weeks.

• The court grants a conditional order

If the court finds no reason to prevent the divorce, it will then send you a conditional order certificate. The certificate will state the time and date that you’ll be granted a conditional order. After the conditional order has been granted, a 43-day (6 weeks and 1 day) cooling-off period begins.

• Application for a financial order

Once you have your conditional order, you can apply to the court to approve your financial order. A financial order is a legal document that lays out how your money and other marital assets are to be split and the cost of child maintenance. This stage is not mandatory but is highly recommended as it helps to ensure clarity and prevent future disputes.

• Application for final order

Once the 6-week and 1-day cooling-off period has passed, you can apply for the final order (decree absolute). This final step usually only takes 24-48 hours to complete.

• Court approves final order

The court will now check that the time limits have been met and that there are no other reasons not to grant the divorce. Once the final order has been approved, you will both be sent official documents confirming that your marriage has been legally dissolved. You are now legally divorced and free to marry again if you wish.

Sorting your finances following a divorce

One of the most important aspects of getting a divorce is reaching an agreement about how financial matters will be resolved and assets split. This is usually done using a legally binding agreement to prevent disputes and financial claims in the future.

The first step is to sit down and identify assets, debts, and ongoing financial responsibilities. An agreement must then be reached about how assets and debts will be split and ongoing financial responsibilities like spousal or child maintenance will be covered. This can either be done by direct negotiation or with the help of mediation or solicitors.

If an agreement cannot be reached, then a court application may be necessary, where a judge makes the final decision. It is usually preferable to decide between yourselves rather than letting it go to court, as court proceedings can be time-consuming, costly, and emotionally draining for both parties. Additionally, reaching an agreement together gives you more control over the outcome.

Common questions about getting divorced

How long does the process take?

On average, you can expect getting a divorce to take 6 – 12 months, depending on how long it takes for an agreement to be reached and how complex your case is.

Can my spouse prevent divorce proceedings from going ahead?

Although it is possible to dispute a divorce application, one can only be stopped for one of the following three valid reasons:

• The marriage or civil partnership was never valid  
• You have already ended your marriage or civil partnership through divorce dissolution 
• The court does not have the legal jurisdiction to consider the divorce 

You cannot prevent a divorce from going through simply because you don’t want to get divorced.

What information do I need to make an application for divorce?

You will need the following information to complete a divorce application.

• Your full name and address.
• Your spouse’s full name and address.
• Your original marriage certificate or a certified copy.
• Proof of your name change if you’ve changed it since getting married.

Can I get help paying the divorce application fee?

You may be eligible for help paying the divorce application fee if you are on benefits or have a low income.

What happens if my spouse doesn’t respond to the divorce application?

If your spouse doesn’t respond to the divorce application within the required time frame, you can still proceed by applying to the court for a default divorce. This involves proving that they have received the documents and asking the court to move forward without their input.

Do I need to go to court to get divorced?

You do not usually need to go to court to get a divorce. However, you may need to do so if you’re unable to agree on financial or childcare arrangements.

Get help applying for a divorce

Getting a divorce can be an emotionally fraught process, which is why many people choose to use the services of a family law specialist like Mark Reynolds, Divorce Solicitors Liverpool, to help guide them through the divorce procedure.

Our friendly and experienced team is here to provide practical advice and compassionate support to make the divorce process as simple and straightforward as possible.

We will take care of the legal and administrative side of the process and can also help you negotiate with your spouse to reach a fair financial settlement and agree on childcare arrangements. To learn more about our services and how we can help you apply for a divorce, contact any of our offices by calling 0800 002 9577 or filling out the contact form on the right to arrange a free, no-obligation initial consultation.

Love them or hate them, the in-laws are often an important part of the family dynamic, especially when children are involved.

All families and family dynamics are unique, and where some families are tight-knit, others don’t always see eye to eye.

When it comes to family law issues, you may wonder, ‘Are in-laws considered family? And if so, are they immediate or extended family? And what legal rights do they have? This blog will explain all.

Are in-laws considered extended family?

Yes, usually, your in-laws (that’s your spouse’s immediate family) are considered to be part of your extended family rather than your immediate family.

Extended family refers to family members who are more distant or indirect. Other members of your extended family include your grandparents, aunts and uncles, nieces and nephews, and cousins.

Are parents-in-law immediate family?

No. Immediate family usually refers to your closest family members. That’s those that you are directly connected to by blood, marriage, or adoption. Generally, in UK law, your immediate family includes your parents, siblings, children, and spouse or civil partner – not your parents-in-law.

Is a sister-in-law considered immediate family?

No. If we look at the previous definitions. Your sister-in-law is an indirect relative and so would be considered part of your extended family rather than your immediate family.

What rights do extended family members have in family law?

In most cases, immediate family members have more automatic legal rights than extended family members when it comes to family law issues.

For example, grandparents and in-laws do not have an automatic right to contact with a child if the child’s parents deny access. However, they may ask the court for permission to apply for contact.

Similarly, extended family members may be able to apply for a child to be placed in their care or to adopt or become the special guardian of a child if their parents can no longer care for them.

Why choose Mark Reynolds Solicitors for Family Law issues?

At Mark Reynolds Solicitors, our team of specialist family law solicitors have helped countless families in the North West to navigate family law issues.

Whether you require help gaining contact with a grandchild or wish to apply for parental responsibility or special guardianship over a child, our team of family law solicitors are here to help.

We understand that family law issues can be extremely sensitive matters and treat every case with the care, attention, and discretion that it deserves.

For legal advice or family mediation services, contact us today to learn more about our family law services.