Family Law And Divorce

Divorce is one of the most difficult things a person can go through, and the legal processes involved add another layer of complexity to what is already an emotionally exhausting time. Understanding family law and divorce, and knowing you have the right support, can make a real difference.

At Birch & Co, our specialist family law solicitors have been helping clients in Newcastle, Gosforth, and across the Northeast deal with divorce and separation for over 25 years. We offer top-class legal support with care and empathy, protecting your position in connection with the legal aspects of your separation so that you can concentrate on adjusting to your new norm.

Reach out to Birch & Co’s specialist and supportive team today. Call us on 0191 284 5030 or complete a Free Online Enquiry now to get a bespoke fixed price estimate.

“Not in any way intimidating. Their positive attitude takes the stress out of situations.” (Ms Scott)

What Counts As Grounds For Divorce?

Since April 2022, England and Wales have operated under a no-fault divorce system, introduced by the Divorce, Dissolution and Separation Act 2020. You no longer need to prove fault, assign blame, or wait years before starting proceedings. The only legal ground for divorce is that the marriage has irretrievably broken down.

This change has reduced a lot of the conflict that used to come with divorce proceedings. Couples can now apply jointly, which means both spouses are listed as applicants and work through the process together, rather than one filing against the other. If you prefer, though, one spouse can still apply alone.

How Does The Divorce Process Work?

The divorce process in England and Wales follows a set sequence, as follows:

Application. Your solicitor submits the divorce application online through the court portal, including details of both parties, the marriage, and the basis for the court’s jurisdiction.
20-week waiting period. After the application is issued, there is a mandatory 20-week reflection period. This gives both parties time to explore a reconciliation or sort out practical arrangements, including finances and children, before the divorce moves forward.
Conditional Order. Once the 20 weeks have passed, you can apply for the Conditional Order (previously called the Decree Nisi). The court checks and confirms that you are entitled to divorce, but the marriage is not yet legally ended.
Six-week wait. You must wait at least six weeks and one day after the Conditional Order before applying for the Final Order.
Final Order. This is the document that legally ends the marriage. Once it is granted, you are divorced.

From start to finish, the minimum timeframe is around six months, though most cases take longer once financial and child arrangements are factored in.

How Are Finances Sorted Out?

The overarching divorce process itself does not automatically deal with money or property. Financial matters are entirely separate and must be resolved either by agreement or through the court.

If you and your spouse can agree on a financial settlement, your solicitor will draw up a Financial Consent Order and submit it to the court for approval. This makes the agreement legally binding and protects both of you in the future. Without a Consent Order, either party could make financial claims against the other years down the line, even after the divorce is finalised.

Where agreement is not possible, you may need to make a formal application to the court for a financial remedy order. The court will look at a range of factors when deciding how to divide a couple’s assets, including income, assets, contributions, and the needs of any children.

Birch & Co’s family law solicitors will advise you on what a fair settlement looks like in your circumstances and work to get there as efficiently as possible.

How Are Parenting Arrangements Decided?

Divorce affects children differently depending on their age, personality, and the relationship between their parents. The law in England and Wales does not require separating parents to go to court to make child arrangements; many families sort this out between themselves, sometimes with the help of a mediator. Reaching an amicable arrangement is always far better for everyone involved, especially the children.

If agreement is not possible, either parent can apply to the court for a Child Arrangements Order, which sets out where the child lives and how much time they spend with each parent. The court’s starting point is always the welfare of the child.

Birch & Co handles all aspects of child arrangements, from straightforward parenting plans to contested court proceedings.

Are There Any Alternatives To Divorce?

Not every separation ends in divorce. Some couples choose to formalise their separation without divorcing, either for financial, religious, or personal reasons. A Separation Agreement sets out how finances, property, and children will be managed while the couple lives apart. It is not automatically legally binding in the same way as a court order, but it is a clear record of what both parties have agreed.

Birch & Co also advises unmarried couples dealing with separation. Cohabiting partners have far fewer automatic legal rights than married couples, which makes specialist legal advice even more important.

How Can Pre-Nuptial And Post-Nuptial Agreements Help?

Pre-nuptial agreements are signed before marriage and set out how assets would be divided if the marriage broke down. Post-nuptial agreements do the same but are signed after the wedding. Neither is automatically enforceable in England and Wales, but courts give them significant weight when they have been drafted properly, and both parties took independent legal advice before signing.

If you are getting married and want to protect assets you are bringing into the relationship, a pre-nuptial agreement is worth considering. If you are already married, a post-nuptial agreement is the appropriate route. Birch & Co’s family law team can draft and advise on both.

How Can We Help With Family Law And Divorce Issues?

Family law matters are rarely just legal problems. They are personal ones, and the way your solicitor handles them matters as much as the legal outcome.

Birch & Co is a member of Resolution, an organisation of family lawyers committed to resolving disputes constructively and with as little conflict as possible. The aim is always to find the best outcome for you and your family, as quickly and cost-effectively as we can.