Our solicitors are able to advise, support and represent you at every stage of your separation from your partner. Whether you are seeking a divorce, a separation agreement to separate from a long term partner, or ending a civil partnership, our solicitors can help you resolve any problems that may arise and guide you to an amicable and fair outcome.

Quick links on this page:

• Fixed price legal advice and support on divorce and separation
• Separation agreements
• Can I get divorced?
• How long will my divorce take?
• How your divorce will proceed

Specialist separation and divorce advice:

Holmes & Hills’ divorce solicitors are specialists in divorce law and are led by Helen Harris, a long-term member of Resolution. Resolution members are recognised for their experience, knowledge and commitment towards resolving family disputes and providing the highest quality legal advice to members of the public.

Based in Braintree and Halstead, Helen and her team are recognised experts in Essex, acting for individuals across the region. 

Fixed price legal advice and support on divorce and separation:

Holmes & Hills now offer new fixed fee legal services which give you control over your legal costs when separating from a partner. You decide exactly what advice, support and representation you want to receive. This can be an initial meeting with a solicitor and initial formal letters to start proceedings, or full representation from start to finish.

Click here for more details of our fixed fees for divorce and separation.

Separation agreements:

A separation agreement is a document signed by a couple who wish to separate, either temporarily or prior to getting divorced. The agreement is used to outline the terms of the separation and can include a wide range of provisions. Many long-term unmarried couples seek a separation agreement when their relationship breaks down.  

Common provisions included in separation agreements include:

• Maintenance payments – one party may agree to pay maintenance payments during the course of the separation.
• Mortgage payments – one party may agree to pay all or a certain amount of any mortgage.
• Distribution of assets – parties can agree about how assets shall be distributed between them during the separation.
• Arrangements for children – parties can agree as to which parent any children will live with and how often the non-resident parent can see them.

A separation agreement is a contract and is therefore legally binding (provided both parties obtain independent legal advice prior to signing). If one party breaks the agreement they have signed, the other party can take legal action against them.

Our solicitors offer a fixed price service for drafting separation agreements. Click here for more details.

Can I get divorced?

To be able to divorce a partner you must have been married for at least a year and the relationship must have irretrievably broken down. There are several grounds upon which you can separate from your wife or husband, these include:

• Your partner has committed adultery and you find it intolerable to live with them.
• Your partner has behaved in such a way that you cannot reasonably be expected to live them any longer.
• Your partner has deserted you, leaving you without your consent for a period of at least 2 years.
• By consent you and your partner having been living separately for a period of at least 2 years.
• You and your partner have been living separately for a period of 5 years. In this instance you do not require your partner to consent to the divorce.

How long will it take?

An undefended divorce will take around 4-5 months to complete, whilst a divorce involving disputes between spouses can last considerably longer.

How your divorce will proceed:

Stage 1 – Preparing the divorce petition

At your first appointment, your solicitor will take details relating to you and your partner, any children and you and your family’s financial assets and obligations. Your solicitor will use the information gathered to prepare a divorce petition.

If there are any children under the age of 18 your solicitor will also prepare a Statement of Arrangements – this details living, contact and school arrangements for the children.

The original marriage certificate will also be required, if you do not have this your solicitor will arrange for an official copy to be obtained.

Stage 2 – Sending the divorce petition to court

The above documents will be sent to court and they will forward these to your spouse who will have 8 days to respond to the petition by returning an Acknowledgement of Service form. In this form they will state whether they intend to defend the petition, dispute any claims for costs or dispute any arrangements for children.

If the court does not receive an Acknowledgement of Service form from your spouse, your solicitor will arrange for the petition to be redelivered to your spouse by an enquiry agent. When the court receives the Acknowledgement of Service form they will forward this to your solicitor.

Stage 3 –Preparing the Affidavit

Once the Acknowledgement of Service has been received your solicitor will then prepare a form supporting the divorce (an Affidavit). This form will state the information given in the divorce petition is true and you will be required to sign the Affidavit to confirm this. This is then sent to court along with a request for the court to consider the case.

All your documents will be seen by a judge who will consider whether a divorce should be granted and will consider the proposed arrangements regarding children.

Stage 4 – The court issues a provisional court order

If the judge is satisfied you are entitled to a divorce they will issue a certificate and your case will be listed for a provisional divorce order (Decree Nisi).

The hearing for the provisional divorce order is usually listed for around 3-4 weeks after the Affidavit is returned to court. Neither you nor your spouse has to attend the Decree Nisi hearing.

Stage 5 – The court awards the Decree Nisi

The court will award the Decree Nisi and a copy of the Decree Nisi Certificate will be sent to your solicitor. This is the preliminary part of the divorce and you will remain married until this has been made absolute.

Stage 6 –Applying for Decree Absolute

Once you have received the Decree Nisi you must wait at least 6 weeks before applying for the Decree Absolute – the final part of the divorce – by sending an application form to the Court. 

Your solicitor will make this application for you on your behalf and will resolve any disputes regarding finances prior to making this application.

Once Decree Absolute has been granted you will need to retain the Decree Absolute Certificate as this will be required if you marry in future.