Divorce & separation

In England and Wales, divorce and dissolution legally end a marriage or civil partnership. Under the no-fault system, either party can apply to end the relationship without assigning blame, focusing on the legal termination of the union. The only ground for application is that the marriage or civil partnership has irretrievably broken down, provided there are no jurisdictional issues.

Are you contemplating divorce? Contact Hay & Kilner to find out more about our divorce and separation services.

Divorce is known as the legal end of a marriage, while civil partnership dissolution ends a civil partnership. Both processes require demonstrating that the relationship has irretrievably broken down.

Grounds for divorce may include adultery, unreasonable behaviour, including domestic abuse, or periods of separation. Civil partnership dissolutions follow similar grounds, excluding adultery.

Legal processes will involve filing petitions, serving documents, and potentially court appearances if agreements on terms like finances and children cannot be reached between the two parties.

At Hay & Kilner, we are proud to support LGBTQ+ individuals and couples with understanding, inclusive, and specialist legal advice. We understand the unique challenges you may face when going through divorce or separation and are committed to helping you achieve a fair and amicable resolution. You can download our Divorce and Separation for LGBTQ+ client guide here

The experienced family law team here at Hay & Kilner will work with you, listening to your needs, to ensure that the best possible outcome is achieved.

Financial matters in divorce or separation involve dividing assets, liabilities, and ongoing financial obligations like spousal support. Courts consider various factors, including each party's income, needs, and contributions, both financial and non-financial. The goal is to reach a fair distribution of assets, which may include property, savings, pensions, and investments. In many cases, financial agreements are reached through negotiation or mediation, but if disputes persist, a court may decide the outcome. Our dedicated legal team has a wide range of experience and knowledge, putting them in the best position to assist you with all financial matters as part of your divorce and separation process.

Post-nuptial agreements are contracts married couples enter after their wedding or civil partnership ceremony. They outline how assets and finances should be managed or divided in the event of a separation. These agreements can help clarify financial rights and obligations, offer security, and reduce potential conflicts.

Domestic abuse in the context of divorce or separation encompasses physical, emotional, sexual, or financial abuse between intimate partners or family members. Legal protections include restraining orders, protective orders, and emergency orders, aiming to protect victims from further harm. Domestic abuse can significantly impact divorce proceedings, particularly concerning child custody, as courts prioritise the safety and well-being of children and abused spouses when making decisions. Should you require urgent assistance with this matter, please get in touch with the team here at Hay & Kilner, who will be happy to provide dedicated support and legal advice.

Child custody refers to the legal and practical relationship between a parent and child, including the right to make decisions for the child and the responsibility for their care and upbringing. In the context of divorce or separation, determining child custody is a critical issue that involves deciding where the child will live and how much time they will spend with each parent. The two main types of custody are legal custody and physical custody.

Legal custody: This grants a parent the right to make significant decisions about the child's life, including education, healthcare, and religious upbringing. Legal custody can be joint, where both parents share decision-making responsibilities, or sole, where only one parent has the authority to make these decisions.

Physical custody: This refers to where the child lives on a day-to-day basis. Similar to legal custody, physical custody can be joint, allowing the child to live with both parents on a rotating schedule or sole, where the child primarily resides with one parent while the other has visitation rights.

Our family law team has a breadth of experience in this area, providing personalised legal support to clients in often complex and emotionally charged circumstances. Contact the team at Hay & Kilner for more information and to get the legal guidance you need.

Unlike married couples or civil partners, unmarried couples do not automatically have legal rights to each other’s property or finances upon separation. Our legal team can provide expert advice on cohabitation agreements and help define financial arrangements and asset division for unmarried couples.

"Resolution Together" is a term that emphasises collaborative and amicable approaches to resolving issues arising from divorce or separation. This approach encourages couples to work together, to find mutually acceptable solutions without resorting to court proceedings.

For access to one of the North East’s handful of lawyers trained to advise both parties in separation and divorce, contact Fiona Ryans. Resolution together allows for a quick and more practical way of dealing with matters, helping to keep costs down, reducing potential negative conflict, and tailoring outcomes to both parties without the involvement of court processes.

Collaborative law involves both parties and their lawyers committing to resolving disputes outside of a court setting. In this process, all parties agree to work together respectfully and transparently to negotiate an agreement, allowing couples to set their own agenda and agreed timelines. Working with the Hay & Kilner team, spouses can negotiate and find suitable agreements, reducing conflict and preserving relationships, as well as finding solutions that meet the needs of all family members.

Mediation is a voluntary process where an impartial mediator helps separating or divorcing couples reach a mutually acceptable agreement on issues like property division, child custody, and financial support. Here at Hay & Kilner we work closely with expert mediators within the region, arranging Mediation Information Assessment Meetings (known as MIAMS) for you and your spouse.

The mediator does not impose decisions but facilitates communication and negotiation. Mediation is often quicker, less formal, and less expensive than court proceedings, and it allows parties to maintain control over the outcomes. To find out more about this process, the benefits of mediation and how this could be the best path for you, contact the family law team here at Hay & Kilner.

Arbitration is a private, legally binding process where a neutral third party, known as an arbitrator, makes decisions on disputes between separating or divorcing parties.

Unlike mediation, where the parties work towards an agreement, arbitration involves the arbitrator making final decisions after hearing evidence and arguments from both sides. This process can be quicker and more flexible than court proceedings, with the added benefit of confidentiality. The Hay & Kilner team have a wealth of knowledge and experience within this area of divorce and separation law and can provide access to arbitration services, supporting you with personalised advice and guidance throughout the process. Get in touch with our family law team for more information.

Court proceedings in the context of divorce and separation involve formal legal processes where a judge makes binding decisions on various issues, including the dissolution of the marriage or partnership, financial settlements, and child custody arrangements. Court involvement is typically necessary when parties cannot reach an agreement through other means, and is often the last resort. The court process for divorce and separation can be lengthy and costly for both parties. To speak to a divorce and separation law expert and get personalised legal advice to your circumstances, please contact the Hay & Kilner team.