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Divorce & Separation Frequently Asked Questions

Legal Expertise for your Divorce or Separation

Divorce and separation are never easy, regardless of the reasons why a relationship has broken down. This can be among the most difficult experiences a person faces. Alongside the emotional impact, there are often important questions about your children, finances, home and future that need to be addressed.

Every separation is unique, no two family situations are the same. That's why our specialist family law solicitors take the time to understand your circumstances, concerns and priorities before advising on the best way forward.

Whether you are worried about what will happen to your family home, how assets will be divided, or arrangements for your children, our experienced family law and divorce solicitors will provide clear, straightforward advice tailored to your situation.

We are committed to helping clients achieve practical and constructive outcomes while protecting their long-term interests. From the initial consultation through to final resolution, we will ensure you understand your options and remain fully informed throughout the process.

Under the current no-fault divorce system, couples can apply for divorce after being married for at least 12 months. Neither party is required to apportion blame for the breakdown of the marriage, helping to reduce conflict and create a more constructive foundation for resolving financial and child-related issues

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Expert Guidance from our Divorce Solicitors

Our highly experienced Legal 500 recommended family law and divorce solicitors understand that every family situation is different. We provide practical legal advice tailored to your individual circumstances, helping you navigate the process with confidence and clarity.

Where possible, we focus on achieving negotiated and amicable settlements that minimise stress, reduce conflict and avoid unnecessary court proceedings. However, where court action becomes necessary, you can be assured of robust representation from a team with extensive experience in complex family law matters.

With family law specialists based in Chesterfield, Sheffield, Dronfield and Mansfield, we are trusted by individuals and families across the region to provide expert support during some of life's most challenging moments.

Download our free divorce guide to learn more about the divorce process and how our team can help

We know you will have many questions about your specific situation, and our family law specialists in Chesterfield, Sheffield, Dronfield and Mansfield are here to support and guide you every step of the way. Download our free guide to learn more about what you can expect from the divorce process and how we can help.

Download our free divorce guide


Separation Agreements

When a relationship comes to an end, there is often uncertainty about what happens next. A separation agreement can help provide clarity and stability by recording the arrangements you and your partner have reached regarding your finances, property and ongoing responsibilities.

Prepared by a family law solicitor and agreed by both parties, a separation agreement can be used by both married and unmarried couples. It is often an effective way of protecting everyone's interests, reducing the potential for future disagreements and allowing time for important decisions to be made without unnecessary pressure.

Mediation

Mediation can be an effective way of resolving disputes following a separation or divorce without the time, cost and stress often associated with court proceedings. While Banner Jones does not provide mediation services directly, we can recommend trusted local mediators and advise you throughout the process.

A mediator is an independent, impartial professional who helps both parties discuss issues constructively and explore options for reaching an agreement. Mediation provides a neutral environment in which you can focus on finding practical solutions for the future, particularly where children are involved.

Mediation may help you reach agreement on:

  • Divorce and separation matters
  • Arrangements for your children
  • Financial settlements
  • The family home and other assets
  • Ongoing financial support and maintenance
  • Any other issues arising from your separation

Our family law solicitors in Sheffield, Chesterfield, Dronfield and Mansfield regularly advise clients before, during and after mediation. We can help you understand your legal position, review any proposals that are made and, where agreement is reached, prepare the necessary legal documents to formalise the outcome.

Understanding the Cost of Divorce

We believe that making informed decisions starts with understanding the likely costs involved. While many people think of divorce as simply the legal process of ending a marriage, the overall cost will often depend on the wider issues that need to be resolved.

The introduction of no-fault divorce has helped to reduce conflict and encourage more constructive discussions, which can often keep costs to a minimum. However, every family's circumstances are different, and the complexity of your case will influence the level of legal support required.

There are typically three key elements to consider:

The Divorce Process:

This is the legal procedure for formally ending your marriage. We offer fixed-fee divorce services, providing cost certainty and helping you budget from the outset.

Finances and Property:

This involves reaching agreement on issues such as the family home, savings, pensions, investments, business interests and ongoing financial support. The more complex the assets involved, the more work may be required to achieve a fair settlement.

Arrangements for Children:

This includes deciding where your children will live, how much time they will spend with each parent, and any financial arrangements for their ongoing care and welfare.

Divorce with Significant Assets

Where a divorce involves substantial assets, business interests, investments, pensions or complex financial arrangements, specialist legal advice is essential.

Our experienced family law solicitors regularly advise business owners, professionals and high-net-worth individuals on protecting their interests while achieving fair and practical financial settlements. We understand the complexities involved in valuing and dividing significant assets and work closely with financial experts where necessary to ensure all relevant resources are properly identified and assessed.

Whether your case involves a family business, investment portfolio, multiple properties, inherited wealth or complex pension arrangements, we will provide clear, strategic advice tailored to your circumstances.

We are committed to resolving matters as efficiently and discreetly as possible, helping you safeguard your financial future while minimising unnecessary conflict and disruption. For more complex cases, our team has the expertise and experience needed to guide you through every stage of the process with confidence.

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Why choose Banner Jones?

1. Over 150 Years of Family Law Experience

Our family law team has been helping individuals and families resolve relationship breakdowns for generations. From straightforward divorces to complex financial disputes, we have the experience to guide you effectively.

2. Specialist Family Law Expertise

Family law is all we do. Our solicitors regularly advise on divorce, separation, financial settlements, child arrangements, cohabitation disputes, nuptial agreements and high-net-worth cases. All solicitors in the team have been recommended by the Legal 500.

3. Practical Solutions, Not Conflict

We believe that most families benefit from constructive, non-confrontational solutions wherever possible. We focus on achieving positive outcomes while minimising unnecessary stress, delay and expense.

4. Clear Advice You Can Trust

Legal matters can feel overwhelming. We explain your options in plain English, provide realistic advice, and ensure you understand the likely outcomes before making important decisions.

5. Transparent Pricing

We offer fixed-fee initial appointments and clear information about costs from the outset, allowing you to make informed decisions with confidence.

6. Local Offices, Regional Reputation

With offices in Chesterfield, Sheffield, Dronfield and Mansfield, our team combines local accessibility with a reputation for delivering exceptional family law advice across the region.

Get in touch with our team today

Speak to an Experienced Family Law and Divorce Solicitor in Sheffield, Chesterfield or Mansfield today. If you need advice about divorce, separation, finances or arrangements for your children, our specialist family law solicitors are here to help.

Call 0344 649 6343 or contact your nearest office in Chesterfield, Sheffield, Dronfield or Mansfield to arrange an appointment with one of our experienced family law specialists.

Case Study

Complex Divorce With Multiple Properties

In this case I represented the husband, who was the sole earner of the household, earning between £350,000 and £450,000 per annum.

The couple were originally from Derbyshire, had been married for 10 years and had two dependent children. Due to the husband’s job they owned properties in London and Derbyshire. London was the main family home, as this is where husband worked and where the children attended school, however, the parties lived together as a family at the Derbyshire property during the COVID-19 lockdown. 

Difficulties arose in the marriage during the COVID-19 lockdown. Husband was extremely busy at work throughout the pandemic; and additional pressures of all being at home together; home schooling the children; and the fact that the cleaner was no longer able to attend the property had created a pressured environment. The wife decided to end the marriage.

The value of both properties was in the region of £1.365mn, with equity of around £730,000. The husband paid the mortgage repayments on both because the wife did not work and was financially reliant on her husband.

In terms of other assets, the husband’s pension had an approximate value of £500,000. He also had a cash ISA in his sole name containing approximately £100,000. The wife had no pension provision or savings despite having a degree and working in event management previously. 

There is a limited company of which both parties are directors, with one buy to let property worth approximately £100,000 in the portfolio. The husband unusually wants the parties to remain jointly as directors to receive a small income from the business to be used for school fees and leave as a legacy for their children.

This was an unusual case in that husband required two properties, one in London for work and one in Derbyshire, as the wife planned to relocate back to Derbyshire with the Children. My client’s aim was to retain both of the current properties and buy the wife a mortgage free property.

The wife over time will benefit as she will have more equity in her one property then he will have in the two as he will have to re-mortgage to achieve this.

Following negotiations we finally agreed maintenance at £1200 per month.

Given the nature of my client’s work, the ability to call me early in the morning when his office was quieter, was really important to him and it meant that he could get straight on with his day.

How soon can I apply for a divorce?

In England and Wales, you can apply for a divorce once you have been married for at least one year. To start the process, your marriage must be legally recognised in the UK, and you or your spouse must confirm that the marriage has irretrievably broken down.

Under the current no-fault divorce system, neither party is required to blame the other for the breakdown of the marriage. This helps reduce unnecessary conflict and allows couples to focus on resolving important issues such as finances, property and arrangements for their children.

Our experienced divorce solicitors can guide you through every stage of the process, ensuring the application is completed correctly and advising on any related financial or child arrangement matters that may need to be addressed.

How much is the court fee for a divorce?

The court fee for filing a divorce application in England and Wales is currently £628 (as at August 2026), whether the application is made by one spouse or jointly, with or without legal representation. This fee is paid to HM Courts & Tribunals Service and is separate from any legal fees you may incur for advice or representation.

How long does a divorce take?

The timescale depends on the circumstances of each case. However, under the current process, a straightforward divorce typically takes at least six to eight months from the date of the application to the Final Order, provided there are no delays or complications.

Can I apply for a divorce without a solicitor?

Yes. You can apply for a divorce yourself without instructing a solicitor. The divorce process in England and Wales is now largely administrative and can be completed online in many cases.

However, while you may be able to deal with the divorce application itself, it is important to understand that ending a marriage is only one part of the process. You may also need advice regarding:

  • Financial settlements
  • The family home and other property
  • Pensions, savings and investments
  • Spousal maintenance
  • Arrangements for your children

Many people are surprised to learn that a divorce does not automatically resolve financial matters. Without a properly drafted financial agreement and court order, financial claims can remain open long after the divorce has been finalised.

Our divorce solicitors can provide tailored advice on your rights and options, helping you avoid costly mistakes and ensuring that any financial arrangements are legally protected. Whether you need support with the entire process or advice on a specific issue, we can provide practical guidance to help you make informed decisions.

What are the risks of representing yourself in a divorce?

While it is possible to deal with a divorce without instructing a solicitor, doing so can carry risks, particularly where there are disagreements about finances, property or arrangements for children.

Some of the most common risks of self-representation include:

  • Overlooking financial claims
    Many people assume that once a divorce is finalised, all financial ties are automatically ended. In reality, financial claims can remain open unless they are properly resolved through a legally binding court order.
  • Accepting an unfair settlement
    Without legal advice, it can be difficult to understand whether a proposed financial settlement is fair, particularly where pensions, business interests, investments or future income are involved.
  • Making procedural mistakes
    Errors in court forms, missed deadlines or failing to provide the correct information can lead to delays, additional costs and unnecessary stress.
  • Difficulty negotiating arrangements for children
    Disputes regarding where children live or how much time they spend with each parent can be emotionally challenging. Independent legal advice can help you understand your rights and responsibilities while keeping the focus on your children's welfare.
  • Lack of understanding of your legal rights
    Family law can be complex, and important issues are not always obvious. A solicitor can identify matters you may not have considered and advise on the likely outcomes of different options.
  • Increased stress and emotional pressure
    Dealing with legal proceedings during a relationship breakdown can be overwhelming. Having an experienced solicitor on your side can provide reassurance, clarity and practical support throughout the process.

For straightforward divorces where all issues have already been agreed, self-representation may be appropriate. However, where there are assets to divide, children involved, or any uncertainty about your position, obtaining legal advice can help protect your interests and avoid costly mistakes in the future. Our family law solicitors can advise on as much or as little of the process as you need, giving you the confidence to make informed decisions

Will we have to go to court during our divorce?

In many cases, the answer is no. Under the no-fault divorce system in England and Wales, the legal process of ending a marriage is largely administrative and is usually dealt with online and through the court system without the need for either party to attend a court hearing.

However, while the divorce itself may not require a court appearance, disputes relating to finances, property or arrangements for children can sometimes result in court proceedings if an agreement cannot be reached. In many cases, these issues can be resolved through negotiation, solicitor-led discussions, mediation or other forms of dispute resolution, avoiding the need for a final court hearing.

Can we use the same solicitor?

No. A solicitor can only act in the best interests of one party. If you and your spouse both require legal advice, each of you should obtain independent legal representation.

Can I get divorced if my spouse doesn't agree?

Yes. Under the no-fault divorce system, one spouse cannot prevent the other from obtaining a divorce simply because they do not agree with the decision. Once an application has been made and the legal process completed, the court can grant the divorce.

Do I need to resolve finances before getting divorced?

No. The divorce itself is separate from financial matters. However, it is strongly recommended that any financial agreement is recorded in a legally binding Consent Order. Without one, financial claims may remain open even after the divorce has been finalised.

What happens to the family home in a divorce?

There is no automatic rule regarding who keeps the family home. The outcome will depend on factors such as the needs of any children, each party's financial circumstances, available housing options, and the overall assets of the marriage. Our divorce solicitors can advise on the options available to you.

Do we need to agree on everything before applying for a divorce?

No. You can begin divorce proceedings even if you have not yet reached agreement on finances or arrangements for your children. These issues can be negotiated separately during the divorce process.

What happens to pensions in a divorce?

Pensions are often one of the most valuable assets in a marriage and should not be overlooked. Depending on your circumstances, pensions may be shared, offset against other assets, or retained by the individual owner. Specialist legal advice is recommended to ensure a fair outcome.

Do unmarried couples have the same rights as married couples?

No. Unmarried couples do not have the same legal protections as married couples upon separation. Issues relating to property, finances and children can be complex, and specialist legal advice should be sought at an early stage.

What is a consent order?

A Consent Order is a legally binding court order that records the financial agreement reached between divorcing spouses. It helps provide certainty and prevents either party from bringing future financial claims, subject to the terms of the order.

What is a clean break order?

A Clean Break Order is a type of financial order made by the court which brings financial claims between divorced spouses to an end. Once a Clean Break Order is approved, neither party can make future financial claims against the other, providing certainty and financial independence moving forward.

A Clean Break Order is often used where:

  • There are no significant assets to divide.
  • A financial settlement has already been agreed.
  • Neither party requires ongoing financial support from the other.
  • Both spouses wish to achieve a complete financial separation.

Importantly, a divorce alone does not automatically end financial claims. Even after a Final Order has been granted, one spouse may still be able to make financial claims against the other unless those claims have been formally dismissed by the court through a Clean Break Order or another financial order.

A Clean Break Order can provide:

  • Financial certainty and peace of mind.
  • Protection against future claims for income, savings, property or inheritance.
  • A clear end to financial ties between former spouses.
  • Greater confidence when moving on with future relationships or financial planning.

Our divorce solicitors can advise whether a Clean Break Order is appropriate in your circumstances and prepare the necessary court documentation to ensure any agreement is properly recorded and legally binding.

Do I need a clean break order if we have no assets?

In many cases, yes. Even where there are few or no assets to divide, obtaining a Clean Break Order can help prevent future financial claims and provide certainty that your financial relationship has come to an end.

How do I apply for a clean break order?

A Clean Break Order is not obtained automatically when you divorce. It must be approved by the court and is usually made as part of a financial settlement.

The process generally involves the following steps:

  1. Reach an agreement
    You and your spouse agree that neither of you will make future financial claims against the other.
  2. Prepare a Consent Order
    A solicitor drafts a Consent Order setting out the agreed terms, including the clean break provisions.
  3. Complete a Statement of Information (Form D81)
    Both parties provide the court with details of their financial circumstances so the judge can assess whether the agreement is fair.
  4. Submit the documents to the court
    The Consent Order, Statement of Information and the relevant court fee are lodged with the court.
  5. Judicial approval
    A judge reviews the paperwork. If satisfied that the agreement is fair, the judge will approve the order without either party needing to attend court in most cases.

Once approved, the Clean Break Order becomes legally binding and prevents future financial claims being made against each other, subject to its terms.

Can I apply for a clean break order without a solicitor?

It is possible to apply yourself, but many people choose to seek legal advice to ensure:

  • The order is drafted correctly.
  • All potential financial claims are dealt with.
  • The agreement is fair and likely to be approved by the court.
  • Their future financial position is properly protected.

A poorly drafted agreement may not achieve the clean break you intended, which is why obtaining specialist family law advice is often a worthwhile investment.

How much does a clean break order cost?

The cost will depend on whether you use a solicitor and the complexity of your circumstances. In addition to any legal fees, there is a court fee payable when submitting a Consent Order for approval. Our family law solicitors can provide a clear estimate of the likely costs at the outset.

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