Family Law
Divorce Solicitors in Brighton
Martin Cray & Co are accredited divorce solicitors based in Brighton. We provide personable and compassionate legal services and are ready to speak with you to hear about your situation.
Family Law
Our Trusted Divorce Solicitors
Martin Cray & Co are accredited divorce solicitors based in Brighton as well as parts of the UK. We provide personable and compassionate legal services and are ready to speak with you to hear about your situation. We also offer a range of services within family law so if you need support with child arrangements or cohabitation agreements we can help.
When children, businesses or personal finances (ancillary relief, now referred to as financial remedy) are involved, the road ahead can seem unclear. Our divorce lawyers in our Brighton offices can support you in taking the next steps forward. Whether you initiated the divorce or you are responding to a call for divorce, our experienced family law practitioners will explain the whole process in simple terms so that you have a complete understanding of the divorce process.
We recommend seeking expert legal advice from our divorce solicitors early on in the process to ensure you are taking the necessary precautions to protect your family, your assets and personal well being. Please do not hesitate to speak to us today.
Our team of expert Brighton-based divorce lawyers are experienced in the world of separation, divorce or dissolution of same-sex civil partnerships. Judicial separation may be the terms you have agreed with your former partner, if so, we can support you in ensuring the separation agreement works for your circumstances. We pride ourselves on working hard for our clients to ensure they get a cost-effective resolution as well as the outcome they want.
We also offer expert cohabitation agreements and child arrangement.
Our divorce services
- Divorce and separation
- Financial remedy and ancillary relief
- Child arrangement orders
- Cohabitation agreements
- Dissolution of civil partnerships
- Judicial separation
Thank you Donna Robinson for your first class divorce legal advice and your patience throughout the whole divorce process. I felt I was in safe hands with you from beginning to end and I'll never forget your personable service through what was a very difficult time in my life – Name withheld, Divorce case in Brighton
No-Fault Divorce
Grounds for divorce
The Divorce, Dissolution and Separation Act 2020 now reforms the legal requirements and process for divorce. In April 2022 the “no fault” divorce came into effect in the UK. As a result of this, the divorce process has become far more amiable in that neither party needs to assign blame against the other removing the ability to make allegations about the conduct of a spouse. It also allows couples to end their marriage jointly. The whole process has been updated and simplified and also means there is no need to defend a petition. Instead, couples together or individually, can simply cite the “irretrievable breakdown” of their marriage as grounds for divorce. This removes the need to prove, as previously required, adultery, unreasonable behaviour, separation or desertion. In short, the no-fault divorce law provides the following:
- No fault: Couples can divorce without assigning blame or proving fault.
- Joint application: Either spouse can apply for a divorce individually or jointly.
- Waiting period: Couples must wait at least 20 weeks after applying for a divorce before applying for the conditional order, and then a further 6 weeks before the final order. This waiting period allows couples to consider reconciliation and the whole process can potentially take 26 weeks.
- Plain English: The language used in the divorce process has been simplified, for example, "decree nisi" is now called a conditional order, and "decree absolute" is now called a final order.
- No contesting: A divorce can only be contested on the grounds of the validity of the marriage.
These changes in the law assist in the reduction of emotional and financial turmoil on families due to the process being less contentious and expensive. Previously, victims of domestic abuse could feel overwhelmed and confined by their abusive spouse vindictively contesting a divorce. As there is no blame or fault assigned to the new regime, the proceedings cannot be defended, other than in respect of a null and void marriage or jurisdiction issues. The reforms will therefore put an end to this behaviour. For the avoidance of doubt, the new rules also apply to the dissolution of civil partnerships.
Martin Cray & Co explained the whole process of divorce and financial remedies to me so I was able to make informed decisions throughout. Thanks to the specialist advice and legal care I received, I got the outcome I wanted, thank you – Name withheld, Divorce case in Crawley
Next Steps
Financial Remedy and Children
It is important to note that the divorce process itself only deals with the legal ending of the marriage. It does not resolve financial matters or child arrangements. These are separate processes which we can also assist you with.
We strongly recommend that you take legal advice regarding financial matters as early as possible in the divorce process. Financial claims do not automatically end on divorce and it is important to formally resolve financial matters by way of a consent order or financial order.
If you are concerned that the criteria for divorce may not be met in your case, please do not hesitate to contact us and we will be able to advise you.
Related services we offer
- Financial remedy and ancillary relief
- Consent orders
- Child arrangement orders
- Cohabitation agreements
- Pre and post-nuptial agreements
- Separation agreements
The Process
Divorce Process
Since April 2022, the UK has adopted a new divorce process. This legislation has removed the concept of ‘fault’ or ‘blame’. It will now be sufficient for either one party to the marriage, or both in the case of a joint application, to make a statement stating that the marriage has irretrievably broken down to end the marriage. This is also the case in respect of a civil partnership.
One can also now only dispute a divorce if the above criteria has not been met. For example, where the respondent wishes to challenge the validity of the marriage, or the basis that the marriage has already been brought to an end (for example, in an alternative jurisdiction).
The divorce process starts with the lodging of an application for a divorce order, either solely by one party to the marriage, or by both parties in the case of a joint application. It is advised that you take legal advice regarding whether you should make a sole or joint application.
The application for divorce is now made online, on the government website, or a solicitor can assist you with the application through their methods. There will be a court fee payable to issue the application.
The other party to the divorce then needs to ‘acknowledge’ the divorce, before the application can proceed. If the other party does not, or is unwilling to acknowledge the divorce, it is important to consult a solicitor as additional steps will need to be taken to progress the divorce.
The new divorce timeline
- Application lodged online (sole or joint)
- Other party acknowledges the application
- 20-week reflection period begins from issue
- Application for conditional order after 20 weeks
- Further 6 weeks before applying for final order
- Total process: approximately 26 weeks minimum