Divorce and separation can be complex, emotionally exhausting and costly. Higgins Miller have highly skilled and experienced divorce solicitors who offer a pragmatic, empathic and cost effective approach to each unique case. Our legal team are experts in divorce and financial matters ensuring you achieve the best possible outcomes.
FAQ’s
Yes. Under the current divorce law in England and Wales, one spouse cannot usually stop the divorce from going ahead simply because they do not agree with it. The court no longer requires one party to prove wrongdoing, as the process is now based on the irretrievable breakdown of the marriage. Even if your spouse does not respond or objects, the divorce can normally still proceed through the court process.
In England and Wales, divorce is now based on the “irretrievable breakdown” of the marriage under the no-fault divorce system. This means you no longer need to prove adultery, unreasonable behaviour, or separation periods in order to apply for a divorce. Either spouse, or both jointly, can apply by confirming that the marriage has broken down permanently. The process is designed to reduce conflict and make divorce proceedings more straightforward.
No. There is no legal requirement to get divorced if you and your spouse separate. Some couples choose to remain legally married for personal, financial, religious, or family reasons. However, without a divorce, you may still remain financially connected to your spouse and be unable to remarry. It is important to take legal advice so you understand how separation, divorce, and financial arrangements may affect your individual circumstances
Either spouse can apply for a divorce, or you can make a joint application together under the no-fault divorce process in England and Wales. There is no legal advantage in most cases to being the person who applies first. The right option will depend on your individual circumstances, communication between you and your spouse, and whether financial or child arrangements also need to be resolved.
The divorce process usually begins by submitting a divorce application to the court online. You can apply on your own or jointly with your spouse under the no-fault divorce system in England and Wales. Before starting, it is helpful to gather important information such as your marriage certificate and details about finances or children. Seeking legal advice early can also help you understand your rights and plan for any financial or childcare arrangements.
Yes, if you die whilst still legally married to your ex-parter, they remain your next of kin. If you have not updated your will to reflect your current wishes, your estate could be passed to your ex-partner along with any decision making. Writing or updating your will whilst going through the divorce process is important.