Divorce, Separation & Dissolution

Our solicitors are experienced in dealing with divorce, separation & dissolution in a wide range of circumstances.

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Divorce, Separation & Dissolution Solicitors

The end of a relationship does not need to be fraught with difficulties, but the Family Team at BBS Law understands that it can be, which is why we’re here to help.

Our Divorce Solicitors: What We Do

Our family law solicitors are here to work with you to help you and your family through a dissolution, divorce or separation.

We can advise you about all the different aspects you may need to consider, such as financial settlement in divorce or entitlement, as well as what process may be the best route for your family, whether that be a financial settlement or separation agreements.

Tailored Advice Throughout the Process

From the first consultation through to getting your final order of divorce, we’ll be with you every step of the way.

The end of a relationship or marriage can be a stressful and emotional time for all parties concerned, with the likelihood that you will have to make difficult decisions about your home, children and dividing your assets.

That being said, our experienced family law team comprises accredited experts, collaborative lawyers and trained mediators.

They are able to offer advice on your situation, enabling you to make an informed decision about how to proceed.

We believe that where possible, it is helpful to resolve issues without triggering formal court proceedings; although we recognise that there will be occasions where this may be unavoidable.

In any such circumstances, we act quickly to protect your interests. To ensure your matter is dealt with and that you are fully supported throughout the separation process, we will ensure that from the outset you are assigned a dedicated family law solicitor as a main point of contact.

What Does a Divorce Separation or Dissolution Dispute Look Like?

While every relationship is different, disputes during divorce, separation or dissolution can often arise from similar points of tension and that is relationship strains which can happen to any relationship for many reasons.

That is why, at BBS Law, we help clients get through these life hurdles with clarity and that goes for the ending of a marriage, civil partnership, or choosing a legal separation.

Divorce Disputes

Divorce disputes often centre around finances and arrangements for children, which is why you need a solicitor by your side to weigh up your options and work to get the best solution for your circumstance.

Often, disputes surround disagreements over how to divide property, pensions, savings or jointly owned businesses. There might also be emotional or legal complications, such as one side contesting the divorce or refusing to cooperate.

While of course this list isn’t extensive, they are instances that commonly allow for dispute resolution in regards to divorce.

Dissolution Disputes

Ending a civil partnership can lead to similar disputes as divorce, particularly around how assets and responsibilities should be divided. The silver lining is that dissolutions are arguably more ‘straightforward’ due to the fact that in a civil partnership dissolution, there’s no requirement to cite one of the historic “grounds for divorce” that used to apply to marriages.

However it’s worth mentioning, since the introduction of no-fault divorce in the UK (April 2022), this difference is now less such, even if it socially may still be thought about that way.

Legal Separation Disputes

A legal separation, often formalised through a separation agreement, may be preferred by couples who are not ready or able to divorce or dissolve a civil partnership.

Legal disputes in these situations often involve situations regarding arrangements for children, housing arrangements, or shared finances while continuing to live legally married or partnered.

We help draft and negotiate separation agreements that clearly set out responsibilities and reduce the risk of future disputes providing peace of mind without the need for immediate divorce.

Dissolution Vs Divorce: What’s the Difference

While both divorce and dissolution are legal mechanisms of ending a marriage, they do come with some differentiating factors.

During a dissolution, the couple would typically file a petition for dissolution with the court and this would come with a settlement. This settlement would outline the terms that have already been agreed on, then, if the court deems the agreement to be compliant the dissolution can be approved.

This is typically a more straightforward process, as it doesn’t require court intervention. Instead, couples can work on terms together and jointly file.

On the other hand, divorce may typically require one person to file, as the other responds, this will normally be as a result of one of the grounds for divorce. During a divorce, there is the opportunity for the other person to contest, or agree to the terms outlined in the divorce.

Due to this opportunity to contest, there is the likelihood of a more lengthy process that can result in the intervening of the court. This might be in light of disagreements on financial settlement in divorce or child custody for instance, nonetheless, if there is no agreement reached, the court decides.

Legal Separation: How It Works

A separation, which you may have heard referred to as a deed of separation, is the end of a relationship that is a legal separation but not a divorce nor dissolution.

This is an alternative solution to divorces and dissolutions that allows for couples to live separately and be separated while remaining legally married. This is a choice made for various reasons, like religion, financial arrangements or the potential for resolution in the future.

This is helpful for those that don’t want a divorce or dissolution yet still require legal action to finalise the likes of child custody, division of assets etc.

If you’re in this position, talk to our family law team here at BBS Law to find out how we can help in finalising a legal separation.

Why Choose Us for Divorce, Dissolution & Separation

Depending on whether you need to negotiate, collaborate, mediate, or litigate, we will partner you with the best person to resolve your case.

They will be available to answer any questions you may have, keep you up to date on any developments and make you aware of the legal costs involved.

We take pride in resolving a situation through communication, not confrontation. We are members of Resolution, the specialist family law association which is recognised for its constructive approach to family problems.

As such, we discourage unnecessary arguments or costs and instead put our efforts into providing straightforward advice and minimising the strain that proceedings place on you.

Frequently Asked Questions

Is a dissolution order the same as a divorce?

No, a dissolution order will legally end a civil partnership whereas a divorce aka final order of divorce, will legally end a marriage. However, it is similar to the extent that all information in relation to marriage breakdown applies equally to civil partners.

How quickly can you divorce?

You have to have been married or civil partnered for at least 12 months before making any divorce of dissolution application.

There is a minimum statutory period of 26 weeks from the application being issued by the Court to the Final Order (20 weeks to conditional order, then 6 weeks to final order). Most couples use this time to sort out their financial and children arrangements.

What is my partner entitled to in a divorce?

The law has a wide discretion and will look at many factors such as length of the marriage, the age and needs of any children as well as the principles of fairness, needs and sharing. Every case is different because every family will have a different set of facts and financial resources. Please contact our family team to get tailored advice for your situation.

Can my partner force me to move out?

Not usually. Most people are able to agree who will remain in the family home or how it will be used and accessed by each of you whilst you are sorting things out. This is especially important if you have children.

There are however orders under the Family Law Act 1996 called occupation orders, which direct the occupation and use of a property but these would only be made by the Court in circumstances of domestic abuse and where there is a real risk of harm to one person or any children.

Is divorce always 50 50?

Not always but this is often the starting point.

What assets cannot be split in a divorce?

There are no specific assets that will always be ignored when deciding on a financial settlement and it will often depend on the needs of the couple/ the family. Generally, all assets will be considered but it may then be that some are defined as ‘non-matrimonial’ property and others ‘matrimonial’ for the purpose of division.

This is a complex area and if you think this may apply to your case, you should contact our Family Law Team as early as possible to get advice.

Does length of marriage affect divorce settlement?

Yes, this is taken into account as one of the factors to consider when agreeing or deciding the division of assets.

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Needing a lawyer in a different country was a bit overwhelming living in the US. Gemma Barnhurst was lovely to work with. She put me at ease and provided good counsel. I am glad I was referred to BBS Law by a friend and would recommend them to anyone else needing similar services.

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