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The Cost of Divorce

At Banner Jones we provide guidance and advice on the true cost of getting a divorce.

The Cost of Divorce in Chesterfield, Sheffield, Dronfield and Mansfield

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How Can Our Family Law Solicitors Help?

At Banner Jones solicitors we want to give you the information you need to make an informed choice about getting a divorce, and highlighting the true cost of a divorce to you. It is important therefore to understand that the overall cost of the divorce process amounts to more than just the cost of the divorce itself.

It makes sense that if your separation is less contentious, then the legal costs will be lower, but there are often financial arrangements to sort out as well as dissolving the legal marriage or civil partnership.

With a "no-blame" culture in place, it is hoped that it will encourage more constructive discussions leading to better, and therefore less expensive, outcomes. However, there is no guarantee that this will necessarily be the case. A divorce financial settlement is the same as any other divorce settlement, and may include maintenance and the division of assets etc.

There are usually three different aspects involved, depending on the complexity of your circumstances:

1. No Fault Divorce

This means the purely legal aspect of bringing the marriage formally to an end. We now do this on a fixed fee basis making it easier for you to budget for this element.

2. Finances and Property

Agreeing things such as who will have the family home, how other assets are distributed and whether maintenance will be payable.

3. Children

Agreeing who your children will live with, contact rights for the other partner and financial maintenance. We have specialist in this area who can help you come to the best solution.

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Low Cost Divorce

An important aspect of the cost of any divorce is how much the parties involved are able to reach agreement. If you and your spouse have substantial disagreements about arrangements for children and finances, and these have to be negotiated through both parties divorce solicitors, then the cost can increase significantly.

At Banner Jones we will negotiate firmly on your behalf but will always attempt to keep your divorce costs to a reasonable level in the process

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Why choose Banner Jones Family Law Solicitors?

Our expert divorce solicitors are highly experienced and will treat each case uniquely depending on your circumstances. Our family law divorce specialists achieve solutions through confidential settlements and are always on hand to provide support when resolving divorce settlement issues.

We have offices in Chesterfield, Sheffield, Dronfield and Mansfield.

Get in touch with our team today

How to Tell Your Children That You Are Separating

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How to Tell Your Children That You Are Separating

Download our free guide for help and advice on how to tell your children that you are separating.

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Divorce

Exceptional service at a very reasonable cost.

Mr G, Forest Town

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Frequently Asked The Cost of Divorce Questions

He's got to keep a roof over our heads hasn't he?

Non-residential parents have to pay maintenance for their children; hopefully the amount can be agreed though negotiation and if not then the CSA will decide. Each case is different. If for example the Mum and the children stay in the family home then she may relinquish her claims over any other assets such as pension and savings in return. Our family law solicitors can advise on your specific circumstances. 

How soon can I file for a divorce?

You can get divorced in England or Wales if all of the following are true:

  • you’ve been married for over a year
  • your relationship has permanently broken down
  • your marriage is legally recognised in the UK (including same-sex marriage) Speak to one of our divorce solicitors to ensure you meet the legal criteria.
What am I entitled to in a divorce?

The aim when sharing out matrimonial assets is to be fair. Both spouses have to make full disclosure about their assets and debts before any decisions can be made about distribution, trying to hide anything won't work. Factors which are important when sharing out the assets include the current and future needs of each spouse and any dependent children; the length of marriage and the age, earning capacity and contributions of each party. Our family law Chesterfield team can guide you through this process.

Will I lose touch with my children?

Your aim should be that both parents still play an active part in the raising of the child/children.  Usually, parents sort this out amongst themselves, although if there are problems, mediation can be a good way to resolve this. Our family law solicitors will advise you on Shared Care Agreements and Live With and Spend Time with Orders. Going to Court should always be the last resort when children are involved. 

Will we have to go to Court during our divorce?

No, getting a divorce should be an administrative exercise only, and there are many options open to you that avoid going to Court.

What is a no fault divorce?

No fault divorce removes the need to prove one of the five facts of divorce (adultery, unreasonable behaviour, desertion of two years, separation of two years with consent to divorce and separation of five years without consent). Instead, only a statement of irretrievable breakdown will be needed.

A couple can file for divorce once they have been married for at least 12 months. There is no need to apportion blame or fault, as was the case under the previous law when parties had not been separated for a period of over 2 years.

Our divorce solicitors are on hand to explain how this works.

Will I need a divorce solicitor?

A divorce solicitor will:

  • Assist with the preparation of the divorce paperwork and lodging the same with the Court.
  • Advise on how finances should be divided on divorce, including things like how the family home will be dealt with, how pensions and other savings and investments might be split and whether there is a requirement for maintenance payments.
  • Prepareg documents, for example, the consent order to create a legally binding financial agreement between the parties.
  • Advise on entitlements and helping to negotiate. If no agreement can be reached, a solicitor will advise as to the merits of issuing court proceedings and will represent you within these proceedings.
  • Implement orders, whether by consent or decided by the court.
  • Advise and support parents who are in dispute to reach arrangements about how they will care for their children.
  • Prepare cases to be presented to the court and conduct the proceedings where disputes cannot be settled.

This is not an exhaustive list but illustrates that the divorce itself may only be a small part of the legal process of relationship breakdown.

How do I file for a divorce?

To file for a divorce you usually have 3 options:

  • Use a solicitor to file the paperwork for you
  • File yourself using the government portal
  • Use an online divorce service

Remember that this is just to start the divorce part of the process. The parenting and financial arrangements will normally need to be agreed separately to this part.

How long does the divorce process take?

Divorce for most people will take a minimum of 26-weeks or six months, with additional time for the conditional order application to be considered and pronounced. If the couple need more time to complete their divorce, then the law will allow for this.

In exceptional circumstances (such as terminal illness or imminent birth of a child to one of the parties), it may be possible to have this process expedited.

Is a no fault divorce 'cheaper’?

It makes sense that if your separation is less contentious, then the legal costs will be lower, but there are often financial arrangements to sort out as well as dissolving the legal marriage or civil partnership.

With a no-blame culture in place, it is hoped that it will encourage more constructive discussions leading to better, and therefore less expensive, outcomes. However, there is no guarantee that this will necessarily be the case. A no fault divorce financial settlement is the same as any other divorce settlement, and may include maintenance and the division of assets etc.

For clarity on costs, speak to our family law solicitors in Sheffield.

Do both parties have to agree to a divorce?

It is possible for one party to contest a no fault divorce in the same way that they could contest a traditional divorce. This occurs when the parties cannot agree on the terms of the divorce, i.e. a fair division of money and assets, maintenance, child arrangements etc. If this occurs, then the case will be put before a judge, unless the couple agree on ADR (alternative dispute resolution) such as mediation. Our divorce solicitors can explain your options.

What is the divorce process?
  1. We will prepare a form called a "divorce petition" to start proceedings. It confirms to the Court that your marriage has irretrievably broken down, that you have decided that your marriage is sadly at an end, and that you are seeking a divorce.
  2. After the requisite 20 week period following the issuing of your petition, we will then prepare a form to confirm to the Court what, if anything, has changed since the divorce proceedings were started.
  3. From the date of the Conditional Order, there is then a further period of 6 weeks and a day which must pass before we are able to prepare your application for the “Final Order”. The Final Order brings your marriage to an end and leaves you free to re-marry.
Can I contest a divorce?

There is now very little you can do to contest an unwanted divorce, unless there have been procedural errors in the application – which is rare.

Why do we need no fault divorce?

As the old process of divorce required one party to divorce the other and provide reasons for their desire to divorce, it was difficult to focus on moving forward without conflict. Old divorce law (prior to 6 April 2022) dates from the 1970s and did not adequately reflect modern society and introduced an unnecessary element of delay or conflict in the divorce process.

Without the need for blame to be apportioned, it is likely that the process will be less upsetting for many, helping children get through a very difficult time. The change in the law will help avoid increased conflict. It will also help the co-parenting that will need to take place even after the marriage has been dissolved.

What happens about parenting and finance arrangements with a no fault divorce?

These are separate areas of your divorce and are not covered under the no fault divorce law. You will need to reach an agreement on how you are going raise your children whilst living separately and also agree on a fair division of your assets and any ongoing payments.

If you are struggling to agree between yourselves, family mediation is the next step as it is a pre-requisite for going to court for a decision in most cases. But there are also other options outside of court if mediation breaks down or is not suitable for your situation.

Our Family Solicitors in Sheffield, Chesterfield and Mansfield will be able to advise you on your options.

Can I file for a divorce online?

You can apply for a no fault divorce online via the Government website. 

The online process may work for straightforward divorces where you can agree the grounds for divorce between yourselves, where both parties are co-operating with the divorce and where there are no issues over costs and/or children. However, having a solicitor providing legal advice ensures that you are supported throughout the process which can help to reduce the emotional burden. A solicitor can also ensure that the forms are completed correctly so that there are no delays and increased costs incurred by errors made on the forms.

We've divorced amicably and want to sort everything ourselves. What happens if we don't get a consent order for the finances?

If you have managed your own divorce online without legal help, it is worth nothing that you have still not actually finalised your divorce until you have dealt with your financial affairs.  Some couples are able to negotiate and agree financial terms amicably, but a consent order is the only way you can ensure that any agreement reached is legally enforceable. 

The consent order records the terms of the financial agreement you have reached and legally severs the financial ties between you.  Without a consent order from the court, there is the possibility that your ex could make a claim for a share of your assets, property, income or pensions in the future.

For peace of mind, contact our divorce solicitors who will be in a position to provide full and clear advice specific to your circumstances.

 

The Cost of Divorce Resources

Co-Parenting After Separation: Legal Tools to Help You Stay Involved

Co-Parenting After Separation: Legal Tools to Help You Stay Involved

The Family Law Solicitors at Banner Jones in Sheffield, Chesterfield and Mansfield understand the emotional and legal complexities of separation and will guide you through the process with honest and clear separation advice.

Court fee increase

Court fee increase

The Ministry of Justice (MOJ) has announced that from 8th April 2025, 171 court and tribunal fees will increase.

Online Divorce - Advice, Pros and Cons

Online Divorce - Advice, Pros and Cons

Take a look at our advice and the pros and cons of Online Divorce. We are here for you every step of the way and can help finalise financial and childcare arrangements.

How to Make a Will

How to Make a Will

Making a Will is commonly associated as something you do in later life however, in reality anyone over the age of 18 can have a Will and we would strongly recommend it to anyone with children.

What happens to business assets during a divorce?

What happens to business assets during a divorce?

We know that divorce is not easy for anyone, but it can become even more complex when there are business assets involved.

Online divorce advice - the pros and cons

Online divorce advice - the pros and cons

We know that the speed and convenience of online divorce is appealing. This article explains when it is appropriate and when it is not.

Why do you need to change your Will when you divorce?

Why do you need to change your Will when you divorce?

Writing Wills during a marriage that leaves everything to each other upon death is very common, but what happens to that Will should you decide to end the marriage and get divorced?

Public Sector Pension Changes – what the delays mean for divorcing key workers

Public Sector Pension Changes – what the delays mean for divorcing key workers

When a couple divorces both parties must provide details of any pensions they own. The temporary suspension of providing pension pot values means couples may face a delay in finalising their financial arrangements as they cannot negotiate or be advised as to what would be a fair settlement without knowing the CETV of their pension fund.

Living together after separation

Living together after separation

Navigating divorce is difficult even in steady economic circumstances however, with financial climates changing, this can lead to unconventional methods such as remaining to live together once divorced.

 

Christmas expected to hit couples harder this year

Christmas expected to hit couples harder this year

Tough economic conditions and spiralling costs are expected to add to the pressure on couples facing the Christmas period.

Mediation Advice

Mediation Advice

Mediation is a process which helps people sort out issues that arise as a breakdown of their relationship. This guide helps to explain the process.

Financial Settlements Explained

Financial Settlements Explained

Kelly Parks, explains how a financial settlement works and what you can do to ensure that you get your fair share.

How to Tell Your Children That You Are Separating

How to Tell Your Children That You Are Separating

Download our free guide for help and advice on how to tell your children that you are separating.

Chronic Illness and Divorce

Chronic Illness and Divorce

Married couples will very often have used traditional wedding vows where they promise to support each through sickness and in health, however, a recent study has found that unfortunately chronic illness plays a significant role in the breakdown of a marriage. Statistics from a US study by the Journal of Health and Social Behaviour show that 75% of marriages afflicted with chronic illness end in divorce.

No fault divorce- what are the changes?

No fault divorce- what are the changes?

You may well have heard in the news that the government are reforming the divorce process to introduce the so called ‘no fault divorce’ . This shall remove the element of fault and blame from the current divorce process and it is hoped that this will assist separating couples, making the court process less fraught and upsetting.

Choosing the right route for divorce

Choosing the right route for divorce

The ongoing pandemic has placed many pressures on our personal lives, with one in five relationships struggling to survive according to research by University College London.  It’s a further regrettable statistic from the past two years, but if divorce is inevitable, couples who work together to shape their separate futures are likely to have a more positive experience than couples who go into battle over financial and childcare arrangements.

Mistakes to avoid when negotiating a separation agreement

Mistakes to avoid when negotiating a separation agreement

If you have decided to separate from your partner, there are certain practicalities that you will need to work out together.  This can be done through a separation agreement.

Child vaccinations and what happens when the parents disagree

Child vaccinations and what happens when the parents disagree

All child vaccinations in the UK are voluntary and therefore parental consent must be given prior to the vaccination.

The Divorce Process

The Divorce Process

This guide explains the divorce process and covers the key points that anyone considering, or in the process of, a divorce should understand.

Guidance on Pension Sharing During a Divorce

Guidance on Pension Sharing During a Divorce

Pension sharing during divorce explained by expert divorce solicitors in Sheffield, Chesterfield & Mansfield. Get fair and honest advice on your financial future.

Taking Care of Yourself - A Guide to Managing Divorce in Sheffield

Taking Care of Yourself - A Guide to Managing Divorce in Sheffield

Divorce is a stressful time for anyone. This guide gives some great advice for anyone going through this particularly difficult time.

The Future of Divorce

The Future of Divorce

It has recently been announced that couples in England and Wales will eventually be able to file for a ‘no fault’ divorce, meaning that couples who simply grow apart, no longer have to find ‘blame’ to bring the marriage to an end. It is thought that this reform in divorce law will help to reduce family conflict and, in some cases, could speed up divorce proceedings. With these changes, alongside the introduction of the Ministry of Justice online divorce platform it is thought that divorce will become much quicker and easier for many couples in the future.

Understanding Cohabitation

Understanding Cohabitation

Cohabitation is the name given to unmarried couples living together. Whether you have previously been married, or are living with your first ‘partner’, you are called cohabitees. But what does this actually mean in practice, and what are your legal rights if anything were to happen to the relationship, or to either of you?

What to do when a summer break becomes a summer break up?

What to do when a summer break becomes a summer break up?

When it comes to holidays, most people look to forward to spending time with their loved ones. We all need time to recharge and "get away from it all".
Are Pre-Nups Binding?

Are Pre-Nups Binding?

Just how binding are Pre-nuptial Agreements in the British Courts? Well a recent ruling of the High Court on a French ‘pre-nuptial agreement’ pretty much spells it out.

Court departs from the ‘sharing principle’ in a divorce settlement

Court departs from the ‘sharing principle’ in a divorce settlement

In a ruling in the June of 2017, the courts followed an increasing trend for financial settlements of divorcing couples to reflect more accurately the contributions that each partner made to the marriage.

Why children come first in a divorce

Why children come first in a divorce

During a break up, being fair and civilised to each other is often the best you can hope for, but when there are children involved emotions need to be set aside.

Practical Advice - Taking Children Abroad After Separation

Practical Advice - Taking Children Abroad After Separation

Planning ahead is important for most family holidays, but if you are looking to take your children abroad and you have separated or divorced, then the sooner you prepare this, the better.

Court reform gives stronger protection for victims and witnesses

Court reform gives stronger protection for victims and witnesses

Vulnerable victims and witnesses will no longer have to appear in court under new plans to roll out pre-trial evidence sessions.

Guide to Getting Through Divorce in Sheffield

Guide to Getting Through Divorce in Sheffield

Are you local to Sheffield and are going through a tough time during a divorce or separation? Our family law solicitors have created a guide of things to do in Sheffield to keep you busy and get you back on your feet during this time.

Divorce and Separation

Divorce and Separation

Family Law: Divorce - The Banner Jones Process.

Children & Separation Guide

Children & Separation Guide

Getting through a divorce or separation is hard at the best of times but is often even harder when there are children involved in the relationship. Use our helpful guide for tips on explaining the situation to the children.

Divorce Survival Tips

Divorce Survival Tips

We’ve enlisted the help of some local relationship counsellors in Sheffield to provide you with some survival advice to help get you through a divorce.

Divorce

You can't begin to imagine how grateful I am to you.  You have been matter of fact rather than thinking about the earning potential.  You are a lovely women so thank you so so much.  

Mrs L, Hasland

Divorce and Family Law

Thank You so much for your help and support through this difficult time.

Mrs W, Sheffield

Divorce and Family Law

Happy with the professionalism of the service.

Mr C, Walton

Divorce and Family Law

The service was excellent.

Mr J, Hucknall

Divorce

Exceptional service at a very reasonable cost.

Mr G, Forest Town

You were very helpful and sympathetic whilst dealing with my case and your knowledge and advice was excellent. Once initiated, my case was dealt with speed, professionalism. Good contact and communication was maintained throughout.

Mr G, Staveley

Efficient, compassionate, honest and realistic advice that instantly generated deserved trust. On time every time.

Mr J, Sheffield

Banner Jones are excellent, the Family team had some strategy to their advice rather than just giving bog standard legal advice.

Mr T, Whittington Moor

I used Kelly Parks for my divorce, and both her and her secretary, Dawn, were professional, efficient and friendly. I have used other solicitors before, but Banner Jones are by far the best.

Ms S, Sheffield

Absolutely brilliant service. Thank you so much!

Mrs D, Grassmoor

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