Divorce Solicitors in Yorkshire.
Expert divorce advice in Leeds, Huddersfield and Yorkshire.
When a marriage breaks down and is no longer viable, then divorce is the legal process of ending the relationship.
Getting divorced, or contemplating divorce, is often an emotionally challenging time in your life. If you are thinking about taking the first steps of divorce or your mind’s made up, working with the Family Law team at Holden Smith will make all the difference.
Our expert and compassionate team has been assisting clients at Holden Smith since 2022, but has over 20 years of combined experience. We understand the concerns you may have about how divorce may impact your well-being, children, and finances.
Speak to one of our specialist divorce solicitors by calling our offices or by completing our online enquiry form.
Our Divorce Law Services.
Separation and Separation Agreements
Financial arrangements
Arrangements for Children
What are the grounds for divorce?
You no longer have to provide a reason for a divorce; this is known as a “no-fault divorce”. The only ground for divorce is that the marriage has broken down irretrievably. No-fault divorce enables couples to separate easily. This allows you to move on with your life.
Prior to April 2022, you had to give reasons for the breakdown of marriage and cite either:
Unreasonable behaviour
Adultery
Separation for a period of two or five years
Desertion
How does getting a divorce work?
Getting a divorce involves a court application, and the process takes a prescribed minimum period of six months. They are typically administered through an online portal without the need to attend court, making the process relatively straightforward.
How do I apply for a divorce and what is the process?
Divorce is complex and emotionally sensitive. We recommend that you have a solicitor experienced in divorce law and dispute resolution. If you are unsure about what to look for with a divorce solicitor, read our guide.
Once you have a divorce solicitor appointed, the divorce process will typically follow this process:
1. Filing for divorce
Your solicitor will notify the Family Court of your desire for divorce and will submit a divorce application.
2. Acknowledgement of service
If the application for divorce is not made by both parties, it will also be sent to the other party. The other party will have to formally acknowledge the application. They will also have to state whether they are going to contest or agree to the terms of the divorce application.
3. Conditional Order
If the divorce application is not contested, then the Family Court will grant a conditional order. This essentially acts as a formal recognition from the Court that you have met all the requirements to proceed with a divorce.
4. Financial Settlement
Both parties will work out which assets they have a right to. They may negotiate on the division of the assets and the terms of the divorce.
Our blog on financial settlements explains which assets you can negotiate.
5. Final Order
After six weeks and one day of the conditional order being granted, you will be able to apply for a final order. Once approved, it will legally end the marriage.
The Court will typically inform you of when you can make the application, and you will have 12 months to do so. If you do not make the application, you will need to explain to the Family Court and a judge why you did not apply.
6. Other arrangements
Once the court grants the final order and you legally separate, you may still need to finalise some details. This includes child arrangements and ensuring the terms agreed as part of your financial settlement are met.
Although this is the typical process for divorce cases, it may differ in your specific case. Our divorce solicitors will explain each step with you. They will highlight any areas that may differ in your case.
Talk to us now.
What our clients say.
Our Divorce Lawyers
Why Choose Holden Smith.
The family law team at Holden Smith has over 20 years of experience guiding clients through the divorce process. We possess expert knowledge in negotiating terms and reaching a mutually agreeable agreement with your spouse.
We understand that no two divorces are the same. We provide a tailored service that keeps you informed about your case and offers support during a sensitive time.
With offices across the North of England, we can assist clients in Leeds, Huddersfield, Manchester and Bradford. Our team also help clients across the rest of England and Wales and we are happy to support you through online meetings if preferred.
All potential clients will receive a confidential 30-minute free consultation with our team. We will advise you on your case and outline the steps taken as part of your divorce proceedings.
Frequently Asked Questions.
Do you offer legal aid?
We currently do not offer legal aid for family law cases. However, we may be able to recommend some family law solicitors who can assist you.
Do I need a solicitor to get a divorce?
You do not need a solicitor to go through a divorce. Given the complex and sensitive nature of a divorce, it is recommended that you have a divorce lawyer. Your lawyer can provide you with clear advice and guide you through your divorce.
What is a no-fault divorce?
A no-fault divorce allows a couple to legally separate without having to provide one of the five grounds of divorce to the court.
No-fault divorce began with the passing of the Divorce, Dissolution and Separation Act 2020. This came into force in April 2022. Before this, a couple would have to cite either unreasonable behaviour, adultery, separation for a period of two or five years, or desertion to divorce. The previously used five grounds for divorce were often either difficult to prove, time-consuming or outdated.
No-fault divorce has made it easier for couples to separate, reduce conflict and speed up the process of divorce.
I have a prenuptial agreement, but I feel it is no longer fair?
Prenuptial agreements can be a good way of setting boundaries and terms in case a relationship breaks down.
However, the circumstances since the agreement's signing can change and may not be fair or representative of your current situation. In England and Wales, they are not recognised as a legally binding document, so they can be disputed.
We have experience working with individuals who dispute the terms of a prenuptial or postnuptial agreement during a divorce.
What happens to the pets in a divorce?
Your pet may feel like a member of your family, but the law classifies them as property. During a divorce, you will need to reach an agreement with the other party on your pets. Otherwise, the court will have the power to decide who will get ownership of the pet.
For more information about pets and divorce, read our blog.
Does my partner need to agree?
Your partner does not need to agree to a divorce for the process to begin. With the introduction of no-fault divorce, you no longer need to evidence the reason you are seeking a divorce. Individuals can still make a sole application to initiate proceedings or couples can make a joint application.
The change in law also means that it is challenging for the opposing party to contest the divorce request. To challenge this, they must prove one of three things.
First, they can show that the court does not have jurisdiction. Second, they can prove that the marriage has ended. Third, they can argue that the marriage was never legal.
Do I need to visit your offices?
You do not need to visit our offices. We offer all our family law services, including divorce, remotely. We can arrange meetings with you over the phone or online through Microsoft Teams or Zoom.
Contact Holden Smith.
Get in touch.
Our Divorce Solicitors are ready to assist you. Contact our family law team now and receive your free 30-minute consultation by calling one of our offices or by completing our online enquiry form.