Divorce, Separation & Dissolution

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Home | Specialisms | Family Law | Divorce, Separation & Dissolution

Our Divorce Solicitors: What We Do

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 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, as well as what process may be best for your family – whether that be a financial settlement or separation agreements.

From the first approach 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 as swiftly as possible and that you are fully supported throughout the separation process, we will ensure that from the outset you are assigned a dedicated lawyer as a main point of contact.

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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