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Divorce

Ending a marriage

Obtaining a divorce is usually quite straightforward, particularly if you and your husband or wife agree that your marriage is over. Difficulties are more likely to occur over the practical issues, such as where to live and the arrangements for children and financial matters.

Things can become more complicated if you have close connections to more than one country. For example, if you were born or married in another country or have lived there during your marriage, you may potentially be able to divorce there also.

Deciding where to divorce

To start with we can tell you if you satisfy the criteria to bring a divorce against your husband or wife in England. In some circumstances you may be able to divorce in England and Wales even if you do not live here. This will depend on your own individual circumstances and your level of ongoing connection to this country.

If you do have connections elsewhere, it is important to consider the likely outcomes in those countries and assess where it is best for you, and your family, for the divorce to take place. As well as the likely financial outcomes, there are lots of other things to take into account. We work closely with a number of lawyers across Europe, and worldwide, to ensure that clients understand where it is best to divorce.

Completing the divorce process

Once you are ready, we draft all of the court documentation on your behalf, which you approve before it is lodged at court. We guide you through each step of the process - from the issuing of the divorce petition at court, to serving the papers on your husband or wife, through to Decree Absolute, the final decree of divorce. Alongside the divorce process we advise about how best to handle financial matters and resolve any issues.

 

Meet the team

Our specialists are knowledgeable, friendly and experts in their own individual fields.

 

 

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Guidance

Spousal Maintenance or Alimony Calculator

Prepared by iFLG based on the law to help individuals and couples towards reaching a settlement.

Gender duress in marital agreements: an Australian case study

Marital agreements are not yet part of English cultural life. But undoubtedly family lawyers are now being increasingly asked to draft them. For many of us, our continued anxiety and worry is the pressure put on the financially weaker party, often although not always the wife, to enter into an agreement which is less good than relying on the law. Sometimes it can be very disadvantageous.

The final decree of divorce: Timing is absolutely everything

by Emma Nash

Q: Why does the timing matter of the application for the final decree of divorce?

A: Because it brings the marriage to an end.

Pension sharing in England after a foreign financial settlement

by David Hodson OBE

What is the situation? 

A couple on relationship breakdown abroad reach a financial settlement which involves sharing a pension based in England and Wales, sometimes based in the UK.  It may be pursuant to a foreign court order or a binding financial agreement.

What is the attitude of English pension companies?

DB v PB: Unfair marital agreements, chaos of EU law and unusual routes to fairness

David Hodson OBE 

A Guide to the taxation of Spouses on Marriage, and on Separation and Divorce 2017/18

By David Hodson OBE 

Introduction 

1.1 Taxation of spouses

One definition of marriage is the coming together of a man and a woman as "one flesh".  For many years Parliament has recognised this special united relationship (and the family unit created as a result) by giving it favourable tax treatment.  During marriage, spouses should take maximum advantage of this special treatment to minimise the overall tax payable by them both.

Divorce Settlement Calculator

Prepared by iFLG based on the law to help individuals and couples towards reaching a settlement.

iGuide: Divorce Procedure in England and Wales

Divorce is usually quite straight forward, particularly when both partners agree that the marriage is over. Here's our guide to the divorce process.

iGuide: Financial Orders - Considerations for the Court

The family court has wide powers to make financial orders. Here is our iGuide setting out the types of issues that the court will take into account when making a financial order.

iGuide: Where should I divorce?

On relationship breakdown there is potentially opportunity to divorce or dissolve your civil partnership in more than one country. This iGuide sets out some of the things that you should take into account when deciding where to divorce.

FAQ: Divorce

Frequently asked questions ­about Divorce

iGuide: The Court Procedure for Obtaining Financial Orders

The court process is designed to encourage parties to reach agreement with the assistance of the court. Our iGuide sets out in detail the court procedure for resolving financial matters.

iGuide: Divorces Within Europe

Where you can potentially divorce in one or more European Country extreme caution is required. Our iGuide sets out a little more of the difficulties in this situation.

iGuide: Divorces Outside of Europe

This iGuide explains some of the issues where one or more countries (one being outside of Europe) can potentially deal with a divorce.

FAQ: Spousal Maintenance

Frequently asked questions ­about Spousal Maintenance

Podcast: Financial Outcomes on Marriage Breakdown

David Hodson speaks on what is the law in England on financial outcomes on marriage breakdown. It has been the subject of two major House of Lords decisions and numerous Court of Appeal and High Court reported cases in the past six years. Yet many practitioners in England and abroad are confused by what is the state of the law. One thing is certain, looking to statute law will not provide an answer!

Podcast: Family Cases with an International Dimension

David Hodson speaks on family cases with an international dimension. For a lawyer dealing primarily with purely national cases, it can be rather a shock when a case arrives with an international element. What should the practitioner be alert to and what issues should be looked at?

The Family Law Show: Programme 4 - Children Disputes and Issues

Lucy Loizou and Carolynn Usher offer information and practical guidance for parents where there are disputes that concern their children following the breakdown of a relationship

The Family Law Show: Programme 1 - Divorce - The Basics

Lucy Loizou interviews Lucy Greenwood about the divorce process in England and Wales, and Lucy Loizou explains the importance and procedure of obtaining a divorce in the Ecclesiastical Court (the Greek Orthodox Church) following an English civil divorce

The Family Law Show: Programme 12 - Achieving Divorce Amicably

This programme gives an overview on achieving divorce amicably and gives guidance to viewers about the key considerations in this area of the law

Financial Provision: Spousal Maintenance Formula

This article proposes formulae for calculating capital distribution and spousal maintenance on divorce. It does not seek to replace or reform the law. It seeks to help some couples and lawyers make better progress to a settlement and provide more certainty and predictability. The formulae are relatively easy to operate and can be adapted to IT Web based resources.

High Court awards £453m in divorce proceedings – but finds no departure from equality

Fatimah Farag, assistant solicitor, looks at the recent decision of AAZ v BBZ and the Court’s approach to the parties’ huge levels of wealth.

AAZ v BBZ, C Ltd and P Ltd [2016] EWHC 3234 (Fam), a financial relief case heard by Haddon-Cave J in late November and early December 2016 with judgment released on 12 May 2017, sees the High Court make one of the largest awards in an English case. 

Will I be left penniless after my divorce?

This article looks at what factors are taken into account when a divorcing couple has to separate their financial assets and also considers what the split will be and how that split is calculated.

Have you been divorced abroad? English Financial Settlements after a Foreign Divorce

Even though there has been a divorce abroad the English Family Court has discretion to make a financial order against a former husband or wife. This can overcome financial hardship when the divorce courts of the other country made an inadequate financial settlement.

EU approves European divorce enhanced co-operation

David Hodson's summary of the content of the Regulation drawing attention to crucial elements for practitioners, clients and future policymakers

Motion debated in the House of Commons for "no fault" divorce

A ten minute motion will be debated in the House of Commons today at the instigation of Conservative MP Richard Bacon seeking to bring in a Bill providing for “no-fault” divorce in England and Wales.

The current law provides that the only ground for divorce is the irretrievable breakdown of a marriage. This requires one of five “facts”:

The International Family Law Group’s response to the Law Commission consultation on the enforcement of family financial orders

iFLG have submitted their response to the Law Commission’s consultation in relation to the enforcement of family financial orders.