Resolving your relationship issues

If you are having issues with your partner, we know that this is a difficult and emotional time at which you will need prompt, expert guidance and support from an experienced team of divorce solicitors.

How our divorce solicitors can help

At Nelsons, we have one of the largest teams of specialist family law solicitors in the East Midlands. Our experience ensures that we will give you expert advice about your circumstances, as well as supporting you throughout the divorce process.

We offer legal help and advice on the full range of relationship issues, including:

Our approach

Our divorce solicitors are able to offer a range of innovative fixed fee services to provide choices according to what you can afford and how much support you would like. During your divorce, the team will provide you with advice regarding your options to find the best outcome for you and your family.

As the emotions of getting divorce can often run high, we will always recommend using Alternative Dispute Resolution (ADR) methods, such as collaborative law or mediation, to reach an amicable solution to the issues that are relevant to your separation without the need of going to Court. ADR enables the key aspects of divorce, including arrangements regarding children and finances, to be discussed at face to face meetings in a calm and constructive way. However, should Court action be required, our team are able to support you throughout the proceedings.

As well as helping married couples and civil partners, we also provide services to unmarried couples – whether handling a break-up or planning in case you should go your separate ways in the future.

Divorce SolicitorsOur expert team of family solicitors includes:

  • Resolution Accredited Specialists
  • Law Society Family Panel & Advanced Family Panel members
  • Law Society Children Panel Members

Our expertise in family law is also recognised by the independent directories, The Legal 500 and Chambers and Partners.

To discuss how our specialist divorce solicitors in Derby, Leicester and Nottingham can help you, please contact us via our online form or call 0800 024 1976.

Divorce FAQs

Below, we have answered some regularly asked questions we receive regarding divorce.

  • How long will my divorce take?

    Generally, a straightforward, undefended divorce takes around four to six months, once the divorce petition has been submitted to the Court.

    If the divorce is not defended then it can be a reasonably smooth process from issue to the pronouncement of decree nisi (a document from the Court that says that it does not see any reason why you cannot divorce). The divorce does not actually become final until the decree absolute has been issued (this document legally ends your marriage), which you can apply for at any time from six weeks after the decree nisi.

    However, if your spouse is not co-operative in the divorce process then this could cause delays in you getting divorced.

  • How much will it cost to get divorced

    The current Court fee for filing your divorce petition is £550, which includes the fee for applying for the decree absolute. If you have low income or you are in receipt of some benefits, you may be able to apply to the Court for the fee to be reduced or even cancelled altogether.

    In addition, there will also be the cost of any legal advice sought from a solicitor. In some cases, your spouse could be ordered to pay some or all of the cost of the divorce.

    For information on our fees, please get in touch with a member of our Family Law team on 0800 024 1976 or via our online form.

  • Do I need a solicitor to deal with my divorce?

    There is no legal requirement for you to appoint a solicitor to handle your divorce. However, people who attempt to conduct their own divorces without the support and advice of a solicitor are often not aware of the issues it will present in the future, if not properly dealt with.

    To avoid on-going disputes over financial claims, it is vital to deal with the divorce appropriately and in accordance with the law for the sake of you and your spouse.

    There is no legal requirement for you to appoint a solicitor to handle your divorce. However, people who attempt to conduct their own divorces without the support and advice of a solicitor are often not aware of the issues it will present in the future, if not properly dealt with.

    To avoid on-g

  • What are the grounds or reasons for divorce?

    There are five reasons for divorce that commonly get mixed up with grounds for divorce. The Court will want to establish which reasons have led to the marriage breaking down. These reasons are then recorded on the divorce petition.

    In divorce proceedings, the person asking for a divorce is called the ‘Petitioner’ and the person who is being divorced is called the ‘Respondent’. The petition is the legal document that sets out the reasons for the divorce and the procedure is relatively straightforward.

    When granting a petition for a divorce, the Court needs to be satisfied that one or more of the following reasons are present:

    1. Adultery – That the respondent has committed adultery and the petitioner finds it intolerable to live with him/her.
    2. Unreasonable Behaviour – That the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with him/her.
    3. Desertion – That the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition.
    4. Two Years Separation (with consent) – That both parties have lived apart for a continuous period of two years (which immediately precedes the presentation of the petition) and that the respondent consents to the divorce being granted.
    5. Five Years Separation (without consent) – That the parties have lived apart for a continuous period of at least five years immediately preceding the presentation of the petition.
  • What am I entitled to following the divorce?

    It is difficult for us to advise someone about this initially in anything other than fairly general terms, as it is essential to initially go through the process of financial disclosure. This will set out both parties’ financial positions and enable proper legal advice to be given, taking into account all of the important factors, such as the length of the marriage, age of the parties, their current and future income position, and a list of assets and liabilities.

    These are just a few of the factors taken into consideration when deciding the fairest way to divide assets during divorce proceedings.

    When we have this information we will be much better able to give you detailed advice about the likely outcome of the process.

  • How are the financial aspects of our marriage dealt with after we divorce?

    When married couples decide to formally dissolve the marriage, the first step is usually to commence divorce proceedings. In the divorce petition there is provision for the petitioner to tick a box to say whether they want to deal with financial issues, such as maintenance or a lump sum.

    When a couple separates sometimes they are able to reach an agreement amicably without the need for legal advice. However, it is vital that such agreements are then recorded in a consent order, as this will avoid issues in the future. Without a consent order, it is open to both parties at any time in the future to make a claim against the other’s assets. Therefore, the importance of seeking legal advice should not be ignored, even when the separation is amicable.

  • Can I claim spousal maintenance?

    During a marriage, sometimes one spouse will stay at home caring for the children whilst the other spouse continues going to work, often increasing their income during that time.

    Therefore, it is quite natural for the spouse that stayed at home to worry how they will meet their on-going financial obligations and needs, whilst the other spouse will also naturally worry that they will have to financially support the other spouse for a long-time.

    Whilst financial support in such circumstances has to be considered, it is not something that will necessarily last in the long-term. The Court will of course take into account both spouse’s financial positions now and in the future, including any earning capacity that each may have. If one spouse needs financial support by way of maintenance and the other spouse has the means to provide this, then the Court might make an order requiring a payment of maintenance and in those circumstances the Court will consider how long any support should remain in place.

    An alternative way of dealing with this, if there are sufficient assets, would be for a lump sum to be paid instead of maintenance or for one spouse to receive a greater share of the other assets, such as the family home, in order to achieve a clean break.

  • What happens to my children during and after the divorce?

    Separating couples who have children will generally be able to come to an amicable agreement about the arrangements for their children without the involvement of the Courts. This includes where the children will live and what time they will spend with each parent.

    If parents are not able to agree the arrangements for their children without assistance, we will encourage them to do so by referring them for mediation. There may be circumstances where a referral for mediation would not be appropriate, particularly where there has been a history of domestic abuse. If they are able to reach an agreement between themselves or with the help of mediation, it is usually not necessary for there to be a formal Court order.

    However, in some instances, where the arrangements cannot be agreed by the separating parents, the Court may have to be involved to decide what those arrangements should be. In reaching any decision about the children, the first and most important consideration for the Court is the welfare of the children.

  • What are the alternative options of obtaining a divorce instead of going through the Courts?

    There are currently three alternative options instead of going through the Family Court, which are:

    1. Collaborative Law – This process allows separating couples to work together with their respective solicitors to find an agreeable solution to the issues that they face during the divorce process. It allows the key aspects of a divorce, including arrangements regarding children and finances, to be discussed at face to face meetings. Each party in the divorce proceedings has the support of their own accredited collaborative law solicitor, with the aim of there been no involvement from the Courts.
    2. Mediation – Like collaborative law, mediation is an alternative dispute resolution, which aims to resolve the issues arising as a result of separation and divorce without the need for Court proceedings. The fundamental difference is that mediation involves the parties engaging in meetings with a trained mediator, who is impartial and there to assist them in resolving their disputes. The mediator will not give legal advice or favour either party. Each party would have access to legal advice away from the mediation sessions, however, unlike collaborative law, would not have the support of a lawyer in the meetings themselves.
    3. Arbitration – Another form of alternative dispute resolution, arbitration involves a third party (a family arbitrator) making decisions regarding the division of assets and finances during a divorce. The family arbitrator bases his/her decision on the relevant facts and information available to them, in order to make decisions on the allocations of finances. The arbitrator’s ruling is a legally binding decision, known as an “award”.

Our fixed fee online divorce services

Our online divorce services provides an alternative if you are comfortable with online customised divorce documents, supported by detailed law guides explaining the legal grounds for divorce and the procedure.

Standard fixed fee divorce service

This service provides you with:

  • The complete set of papers that you will need to obtain your divorce
  • Divorce advice through our online Law Guides
  • Online step by step guidance on completing the online divorce papers

This comes with the reassurance that your divorce papers are checked by one of our specialist divorce solicitors – all for a fixed fee of £199 + VAT and Court fees.

Fixed fee divorce plus service

The divorce plus service offers you more hands on support and guidance, including:

  • The complete set of online divorce papers that you will need to obtain your divorce
  • Online step by step guidance on completing the online divorce forms
  • Telephone support at any stage from one of our specialist divorce solicitors to help you complete the forms and guide you through the online divorce process from start to finish
  • Access to your solicitor by email and telephone
  • Your online divorce forms checked by one of our specialist solicitors

Through this service, your divorce solicitor will check the documents you produce and steer you stage by stage through the procedure – all for a fixed fee of £299 + VAT and Court fees.

These services apply if you are the one who starts the divorce proceedings.

Our online divorce services provide everything you need for an uncontested divorce but allows you to save money, while still having the reassurance of support from one of our specialist divorce solicitors.

  • “Accomplished practice noted for both matrimonial and childcare matters. Appropriately equipped to assist with public and private children law, including adoptions, child abductions and non-accidental injury cases. Active in high-value financial remedy matters, including those involving trusts, commercial assets and cross-border aspects.”

    Chambers & Partners
  • "Nelsons Solicitors Limited has an excellent reputation in financial relief cases involving high-net-worth individuals and complicated child-related proceedings."

    Legal 500
  • "Very satisfied with all the service you have given me. Thank you for all the help I have been given."

    Client Feedback
  • "Service was superb."

    Client Feedback
  • "Excellent service."

    Client Feedback
  • "Perfect handling of a sensitive situation."

    Client Feedback

Find out how Nelsons can help you. Contact our friendly team for a guaranteed fast response.

For advice and support 0800 024 1976
Statement concerning Coronavirus. Read more
close
Statement concerning Coronavirus. Read more
close