A guide to divorce law

Divorce is a significant life event that is emotionally challenging and legally complex. At Hay & Kilner, we understand that filing for divorce is no easy situation or decision. With this in mind, it’s important to understand the basics of divorce law and family law to make the legal process as smooth as possible.

Our team of dedicated divorce solicitors in Newcastle will be with you every step of the way to provide you with professional legal assistance.

To help you in this, we’ve put together a simple guide on divorce law. We’ll walk you through the essentials, including an explainer on the new UK divorce law regulations.

A basic overview of divorce law

Divorce law in the UK is a legal framework used to end a marriage, with the ideal result being a fair and equitable outcome for both parties. You may already be aware that the process involves several key steps, including:

• Filing for divorce: Initiating the process by submitting a divorce application to the court.

• Grounds for divorce: In the past, couples had to prove an “irretrievable breakdown” based on specific reasons for divorce. Thankfully, recent changes have simplified this requirement. Couples can now apply for a "no-fault" divorce without having to assign blame or prove specific faults, allowing for a more straightforward and less confrontational process.

• Financial settlements: Negotiating the division of assets, property, and financial responsibilities. This can include pensions, savings, and any outstanding debts. The goal here is to protect your assets as best as possible.

• Child arrangements: Deciding custody, support, and living arrangements for any children involved. When it comes to the rights of children in divorce law, the goal is always to achieve what is best for the children and their futures.

We know how overwhelming these steps can seem — especially if you’re considering divorce or you’re at the start of your divorce process. Our expert divorce law solicitors at Hay & Kilner will be on-hand throughout every step of your divorce proceedings, while ensuring that your interests are protected and your rights upheld at all times.

What is the new divorce law in the UK?

In April 2022, significant changes were made to UK divorce law with the introduction of the "no-fault" divorce system. This new divorce law allows separating couples to end their marriage without assigning blame. With blame comes conflict, and this is something that divorce lawyers can help you to avoid.

1. The 'no-fault' divorce law

This is seen as a landmark reform in the divorce law sphere, allowing couples to cite “irretrievable breakdown” as the sole ground for divorce. This eliminates the need to provide specific reasons which could spark blame and disagreements between separating couples.

2. Joint divorce applications

The new system also introduced joint applications, meaning you can apply for divorce together, rather than separately. This means you can decide to apply for divorce together, by using one solicitor for each party. This collaborative framework is called Resolution Together, and we have a trained expert in this new style in Fiona Ryans. Resolution Together is a framework that solicitors must be trained and certified in to practise.

3. The 20-week reflection period

Additionally, the new law includes a mandatory 20-week reflection period to be had after filing your application divorce. You may wish to use this to consider your decision, to plan for your futures ahead, or to agree on any practical arrangements necessary.

These recent changes have helped to simplify the divorce process in the UK, making matters much more straightforward and less confrontational.

How can divorce law firms help?

You shouldn’t feel alone or alienated when going through a divorce. With the right support, it's much easier to manage the processes that lie ahead.

Divorce law firms like our own, Hay & Kilner based in Newcastle, offer expert guidance and representation, with a key focus on helping you understand your rights and options at every stage.

Our team can also assist you with:

• Legal advice: Providing clear, practical advice on all aspects of divorce, from filing the application to negotiating complex financial settlements.

• Representation: Advocating on your behalf in negotiations and, if necessary, representing you in divorce court proceedings.

• Dispute resolution: Offering alternative divorce dispute resolutions such as mediation and collaborative law, where both parties work together with the help of our divorce lawyers to reach a fair agreement.

• Emotional support: Supporting you whole-heartedly, with empathy and understanding throughout a challenging period. Our family law team understands that every individual and every situation is different, which is why our services are always tailored to you.

By working together, our goal is to help you reduce the stress of divorce and separation by giving you a smoother transition to a new start in life, providing expert legal support at every step of the way.

What is the role of a divorce solicitor?

A divorce solicitor will be your guiding light throughout the legal aspects of divorce. Their role is to provide expert divorce advice and represent your interests.

Here’s what you can expect by choosing your Hay & Kilner divorce solicitor:

• Understanding your situation: Our divorce solicitors will listen to your concerns and goals for divorce, offering personalised advice throughout.

• Preparing and filing documents: We will handle all of the necessary divorce paperwork. You won’t have to worry about ensuring compliance with legal requirements — you can leave that to us.

• Negotiating settlements: We’ll handle your settlements with care and sensitivity for a fair and beneficial agreement on financial and child-related matters.

• Representing you in court: Sometimes a court hearing may be necessary to approve your divorce. This can be an emotionally and physically overwhelming process, our divorce solicitors in Newcastle will advocate for you.

Choose divorce law services from Hay & Kilner

If you are considering divorce, find comfort in our team. We offer comprehensive divorce law services, and we’re extremely lucky to have a team of divorce solicitors in Newcastle who will give you compassionate and effective representation every step of the way.

Get in touch with us for personalised legal advice and support. Let us help you navigate the complexities of divorce with compassion and confidence.