How is property divided in divorce in England?

If a settlement can’t be reached between the parties as to what should happen to their property, the Court will make a decision. This is based on what the Court considers to be fair, based on the circumstances of both parties. The factors that will be taken into consideration are governed in law under the Matrimonial Causes Act 1973 including: The welfare of any child under the age of 18 (this is the first consideration) Income and earning capacity and financial resources of both parties including what they have now or are likely to have in the future Any contributions made by either party or likely to in the future The financial needs and obligations the parties has or are likely to have in the future The standard of living during the marriage The length of the marriage The age of each party The health of both parties including any physical or mental disability The conduct of both parties in that it would inequitable to disregard

Divorce & Separation

With offices across Lincolnshire and East Yorkshire, including Lincoln, Grimsby and Hull, our professional and caring solicitors can help.

Divorce & Separation Solicitors

Divorce and Separation

The breakdown of a relationship is never easy. Here at Bridge McFarland LLP, we can guide you through the process of resolving all issues that arise from this. Our highly experienced family law team can advise on all aspects of divorce and separation and are committed to finding a workable solution that is right for you, your children, and your finances.

Need advice? Get in touch with any of our offices today or call 0800 987 8800.

Divorce Law Solicitors Lincolnshire

Our experienced divorce and separation solicitors can offer guidance and expertise on all divorce and separation matters, including:

Filing for divorce in correspondence with no fault divorce laws.
Responding to divorce proceedings in correspondence with no fault divorce laws.
Civil Partnership Dissolution.
Separation Agreements.
Pre-Nuptial and Post-Nuptial Agreements.
Financial Settlements.
Arrangements for children, including Children Act claims.
Divorce Mediation and Collaborative Law.
Emergency Protection.

Our family and divorce law solicitors are based in Grimsby, Lincoln, Louth and across Lincolnshire and East Yorkshire. Every case is unique, and our specialist family lawyers will be able to advise you at the outset of your case as to the most appropriate way forward for you. We will carefully guide you through the process and are here to help you make decisions that are in your best interests.

We can also offer a Collaborative Law service to resolve matters by way of Alternative Dispute Resolution rather than the Court Process.

If, however, you believe these alternative ways forward are not for you, then we can advise and assist in the Court process for resolving matters on your behalf.

No Fault Divorce Solicitors

In April 2022, new laws surrounding the divorce process were introduced, offering a new way for couples to divorce that removes the need for traditional reasoning to be provided as a reason for the marriage’s breakdown.

Under the new law, couples no longer must give proof of the marriage breakdown; there is no possibility to contest a divorce; it is possible to apply jointly, and the language used has been updated to plain English.

No fault divorce aims to encourage couples to separate and divorce amicably since the requirement to place blame has been removed.

Get in touch with our Family Lawyers today.

Need advice about divorce or separation? Get in touch with any of our offices today or call 0800 987 8800.

Other Legal Services

We can also provide specialist legal advice on other areas of law that may be relevant when dealing with a divorce or separation, such as Wills, Lasting Powers of Attorney, Estate Management, and Conveyancing.

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Frequently Asked Questions about Divorce

How easy this is to do and how to do it will depend on who has parental responsibility and whether all parties agree to the change. If all parties with parental responsibility have provided written agreement to the change this can be done easily via a Change of Name Deed. If one parent refuses, a Specific Issue Order will need to be obtained from the Court.

The minimum time it will take to complete a straightforward, no-fault divorce anywhere in the UK is currently 26 weeks. Divorce applications are dealt with through the divorce centre closest to you. Sometimes there are backlogs meaning the average time can be approximately 28 weeks. It will take longer if there is a financial settlement involved or or arrangements for children or in circumstances such as the divorce papers need to be served on your spouse.

If a settlement can’t be reached between the parties as to what should happen to their property, the Court will make a decision. This is based on what the Court considers to be fair, based on the circumstances of both parties.

The factors that will be taken into consideration are governed in law under the Matrimonial Causes Act 1973 including:

The welfare of any child under the age of 18 (this is the first consideration)
Income and earning capacity and financial resources of both parties including what they have now or are likely to have in the future
Any contributions made by either party or likely to in the future
The financial needs and obligations the parties has or are likely to have in the future
The standard of living during the marriage
The length of the marriage
The age of each party
The health of both parties including any physical or mental disability
The conduct of both parties in that it would inequitable to disregard

Read our Divorce FAQs

Our Family Services Team

Jacqueline Pennock

Partner

Divorce & Separation