Divorce, Separation & Dissolution

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

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Divorce Law

The end of a relationship does not need to be fraught with difficulties, but the Family Team at BBS Law understand that it can be.

Our family law solicitors are here to work with you to help you and your family through a separation or divorce. 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 to be able to sort things out.

From the first approach through to getting your final order of divorce, we’ll be with you every step of the way. Our affordable legal advice ensures your divorce doesn’t leave you out of pocket. And we’ll never ‘take sides’ – our legal advice is always impartial and professional, designed to make things easier at what can be a highly emotional time in your life.

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.

Our experienced family law team comprises of 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.

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.

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 association for family justice professionals which is recognised for its constructive and non confrontational approach approach to family problems with a view to reducing conflict. 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 long do you need to be separated before you can divorce?

There is no minimum time you need to be separated to apply for a divorce. You cannot divorce however unless you have been married for at least one year. There is only one ground for divorce or dissolution, which is that the marriage or civil partnership has irretrievably broken down.

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.

Our Family Partner

We take the time to get to know our clients and their businesses, and we work collaboratively with them to achieve their goals.

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Graeme Fraser Partner

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I worked with Graeme Fraser during the processing of my divorce filings. I found Graeme a measured person with wise counsel. I thoroughly recommend him to anyone faced with navigating what is for many a difficult and fraught journey. He handles difficult conversations with care and sensitivity and an appropriate amount of humor.

Peter

Needing a lawyer in a different country was a bit overwhelming living in the US. Graeme Fraser and Gemma Barnhurst were lovely to work with. They 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.