Have a question? Call us on 01625 503 444
Have a question? Call us on 01625 503 444
Divorce and separation are often among the most challenging experiences a person can go through, marked by emotional, financial, and practical complexities. At Thorneycroft Solicitors, we understand how overwhelming this process can feel. That’s why we’re here to guide you through this difficult time, providing clear, compassionate, and practical legal advice.
Our family solicitors specialise in divorce and separation law, offering a guiding hand through every aspect of your case, whether it involves the division of assets, child arrangements, or financial support.
We are committed to helping you move forward with confidence and clarity, making us the leading choice for legal representation in the Macclesfield, Holmes Chapel, and Whaley Bridge areas. Whether you’re considering a divorce or separation or simply want to understand your options, our team is ready to support you with personalised solutions that suit your unique circumstances.
In April 2022, “no-fault” divorce law was introduced. This means that you no longer have to say your husband, wife or civil partner is to blame for the breakdown, and you no longer have to wait for 2 years to obtain a divorce. This approach helps minimise conflict and lets couples focus on important practical matters like finances and children’s arrangements.
Under a “no-fault” divorce, either party, or both parties together, can apply for a divorce order or dissolution order by confirming that the marriage/civil partnership has broken down irretrievably. The term decree nisi has been replaced with conditional order and decree absolute is now a final order. There is a compulsory 20 week cooling off period before the conditional order can be applied for and there is still a compulsory 6 week period between the conditional order before a final order can be made.
Divorce is a formal legal process by which you end a marriage or a civil partnership. The process has to be completed through a family court. This process takes a minimum of 26 weeks to complete.
Finalising a divorce allows parties to re-marry. It also provides a sense of closure. Within a divorce/civil partnership dissolution the court is able to make a financial order setting out what will happen to the assets, pensions, liabilities and income of the parties. The terms of a financial order can be agreed by the parties beforehand or decided by a judge in cases where an agreement cannot be reached.
A formal legal separation is called a judicial separation. This is also a formal legal process. The marriage does not end in this process but the parties do receive a judicial separation order which legally acknowledges that they no longer live together. Judicial separations are generally used by parties who have religious beliefs which do not allow for divorce. Financial orders can also be made by the court in judicial separation cases.
An informal legal separation is a situation where parties no longer want to live together but they do not want to divorce immediately. This can be for various reasons such as not being ready to end the marriage finally and wanting a trial separation to decide what to do. In these circumstances the parties are still married until a divorce is commenced at a future date. To provide financial certainty for the parties during this period it is possible to have a separation agreement which will set out what will happen to the finances in this interim period.
Whether going through a divorce, separation or a judicial separation it is important to reach an agreement on financial matters and arrangements for children as soon as possible.
Deciding to divorce or separate is never easy, it’s a tough time to have to navigate the various legal processes. Thorneycroft Solicitors are here to guide you through each step with compassion and expertise. Whether you’re considering divorce or legal separation or simply want to understand your options, we’re here to help. Our family law team are all members of Resolution, a national organisation of family solicitors committed to non-confrontational divorce and separation. Each team member has the skills to negotiate a financial settlement, ensuring a positive outcome for you and your family.
By partnering with us, you will receive not only legal knowledge but also the emotional support necessary during a difficult time. If you would like to speak with one of our experienced family law solicitors to discuss a divorce or separation agreement or, if you have any queries and would like an appointment, please get in touch with us today.
