During a divorce, emotions often run high. We are often still asked whether it matters whose “fault” it was that the marriage broke down. Clearly there are always two sides to the story, but invariably we are told about the circumstances leading to the breakdown of the relationship, and asked whether this will impact the divorce proceedings at all from a legal perspective, and whether one party can be at an advantage if for example the other had an affair.

The answer to that question is a simple no. As from 6th April 2022 the law on divorce in England and Wales – and the “blame game” – is happily now a thing of the past. Previously a petition needed to be based on one of five “facts” –

Thankfully, reliance on these facts is now something consigned to history. Given that it is not compulsory nor indeed even possible for either party to blame the other, this undoubtedly makes the process less painful. In practice we have seen the new law reduce animosity and conflict, and indeed costs.

Another helpful change in the law in Spring 2022 was that a divorce cannot be “defended.” One spouse used to have the ability to “defend” a divorce, meaning that they could disagree with the fact the petitioner was relying upon when the papers were served on them. This could mean the process took longer, with some individuals even defending matters just to increase animosity. The removal of the ability to “defend” a divorce means the process is now much more streamlined. 

Furthermore, divorce has been simplified by what is essentially a two-stage process. Firstly, one party, or indeed the couple together, initiate the divorce process by submitting a notice of intention to divorce to the court. After waiting for a period of six months, a conditional order (previously known as a decree nisi) can be applied for. After an additional six weeks, the applicant can apply for a final order (previously known as the decree absolute) officially ending the marriage and achieving a divorce. This is all now done digitally via the court’s “on-line portal.”

Whilst the law and the process regarding divorce in England and Wales has been markedly simplified since the change in legislation, clearly it is still a huge step to end a marriage. It is also important not to forget about resolving the legal financial claims arising as a result of the divorce, and to understand how doing that should dovetail with the divorce application in terms of timing and otherwise. Even though a divorce is really easier than ever before, the legal implications of this remain huge and as such independent legal advice is always recommended.

Taking steps towards ending your marriage can be scary, but here at Franklins we are here to help you make sense of the legalities. We try to make the process of getting the advice you need as easy and pain free as possible. We offer an initial appointment for a cost of £195, during which we try to give you an understanding of your legal position and what the future might hold.

If you feel Franklins might be the right firm to help you following the breakdown of your relationship, and you would like to enquire about when your initial appointment could be scheduled, please contact our Family Law team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk 

Getting divorced is often a stressful time. One of the most common questions asked is whether a solicitor is needed for a divorce or not. At a time of potentially substantial change, the added burden of the formal, legal aspects of filing for divorce can feel overwhelming. Consulting a solicitor when going through a divorce is often recommended for several important reasons. In this blog we break down and explore some of the key reasons why having a solicitor can be beneficial…

Legal Knowledge and Expertise: the law surrounding divorce and the related financial matters can be complicated – involving challenging legal processes, paperwork, and legislation. An experienced divorce solicitor has a deep understanding of family law and can guide you through the entire journey, making sure you understand that you know your rights, what to expect, and helping you to make informed decisions throughout the process. As for the mountain of paperwork involved in a divorce – a divorce solicitor can minimise the stress of that for you – by ensuring everything is filled out correctly and submitted on time.

Objective and Rational Advice: Divorce can be an emotional rollercoaster, and it is not unusual for impulsive or irrational decisions to be made as a result. Working with a solicitor can help minimise the chance of that happening, providing objective advice based on legal expertise and experience, supporting you to make decisions that are in the best interests of both you and your family in the long run, even when emotions are running high.

Asset Division and Financial Matters: Dividing assets and determining financial matters can be complicated, especially if there are assets such as shared properties, pensions, and / or debts involved. A solicitor can help to ensure that your financial interests are protected and negotiate a fair settlement for you.

Arrangements for children: If you have children, their well-being and living arrangements are arguably top of the list in terms of priority. A solicitor can help you navigate the law with regard to living arrangements for children, and work towards a fair arrangement which works for all. They can also advise on what maintenance might be payable on an ongoing basis, dependent upon your specific circumstances.

Out of court settlements: Many divorces are capable of being settled outside of court. A skilled divorce solicitor can represent you during negotiations, putting your best case forward and working towards a favourable settlement. They can also draft the legally binding documents that will be needed to protect you and finalise matters properly.

Court Representation: If your divorce needs to go to court, a solicitor can really help, and if needs be, instruct a barrister to act on your behalf. The potential pitfalls of attending court without legal representation are many, and having a solicitor or barrister by your side at such an important stage can markedly improve the chances of your case being properly presented to the court.

Not many relish the prospect of contacting a solicitor, let alone a divorce solicitor, and here at Franklins we are realistic about that. We try to make the process of instructing us as easy and pain free as possible. We offer an initial appointment for a cost of £195, during which we try to give you an understanding of your legal position and what the future might hold.

If you feel Franklins might be the right firm to help you with your divorce, and you would like to enquire about when your initial appointment could be scheduled, please contact our Family Law team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk

Let’s face it, it’s really tricky to know where to start with this. In the wake of the breakdown of a marriage you will almost certainly be given that standard advice – go to see a solicitor. Most people don’t really have cause to instruct solicitors other than when buying or selling houses, or drawing up their will, so this can feel like a daunting prospect. In this blog we explain where to start.

It is always worth asking around for recommendations. Without one though, most people will start with Google, typing in the question at the start of this blog. Have a look at the firms that come up, consider their websites, and try to get a feel for the firms you find and whether you like the look of them. Ideally, you should look for a firm of solicitors with a “Family Team” – a team that specialises in only family work. You may find firms who specialise in only family work. Be aware though, that means if you want to update your Will or sell your property, which you may well do in the context of divorce, you will need to go to a different firm for that.

Once you have found a firm or firms you like the look of, you need to get in touch with them. This can be by phone, or sometimes via a website chat facility which allows you to message instantly with your details and start the ball rolling, like Franklins does. Quite soon after your initial enquiry though you should be speaking with a real person. Most firms offer an initial meeting, with no obligation to instruct after that. Here at Franklins we offer an initial fixed fee appointment for £195.

Before you speak with anyone though, give some serious thought to the kind of solicitor and firm that you want to work with. You should be trying to get a feel for:

At the beginning it can all feel rather overwhelming. Remember though that this will be all in a day’s work for the solicitor you instruct and that first contact and first meeting is not going to be nearly as awful as you think if you instruct the right firm and right solicitor.

If you feel Franklins might be the right firm to help you with your divorce, please contact our Family Law team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk

There is no doubt that COVID-19 has heightened the emotional stress and anxiety that divorce proceedings bring with them. I think most will agree that there is no perfect time to go through a divorce particularly where there are children involved given the emotional toll divorce and separation can take on families. The COVID-19 pandemic has unsurprisingly added to the uncertainty and anxiety that separation can bring.

It is still possible to get divorced and reach an agreement regarding the finances with your spouse during this time. Whilst the divorce process is fairly straight forward from a procedural point of view, the process itself is taking longer than usual due to the backlogs the Courts are experiencing with temporary closures and limited numbers of staff. Parties may wish to consider putting things off until the pandemic is over but prolonging the situation may cause further difficulties for separating families.  Parties have to consider the impact on their mental health and on their finances.  Parties are also encouraged to consider the changes in values of any assets that may be involved and needing to be dealt with.  This would include property, pensions and certainly businesses. Parties are encouraged to seek advice as every case is different and turns on the specific circumstances of that family or relationship.

Some parties may find that they are already in Court proceedings and want to know whether the hearings will continue.  In most cases, Court hearings are continuing and are being held remotely.  This is subject to the Court being able to accommodate that hearing.  Hearings are being prioritised by the Courts and consideration is given to the urgency of each matter on a case by case basis.  Whilst many Courts have had to close temporarily many are still accommodating remote hearings via telephone and video link such as Skype and BT Conferencing. 

Whilst the Court have been able to arrange some hearings remotely we have found that some hearings are being delayed or postponed.  In particular, there are hearings such as Final Hearings where it has been decided that it will be in the parties’ best interests to have those Final Hearings in person in Court.  This is to ensure that a fair trial can take place.  In those cases this does mean that the hearing may be adjourned until an “in-person” hearing can take place if that is the only option. It is at the Judge’s discretion and the parties are able to voice their concerns as to whether the hearing should proceed. 

Despite the difficulties that the Courts and parties are facing, there is no reason why work cannot continue as usual in between hearings and we are still here to assist where clients need us. Much of the work involved in divorce and financial remedy and children proceedings can still be carried out.

If you need advice and assistance, contact our Family Team on 01604 828282 / 01908 660966 or email Family@franklins-sols.co.uk.