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Divorce and separation
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Our divorce and separation specialists advise on the legal and financial consequences of relationship breakdown. We focus on providing clarity, stability and strategic direction from the earliest stage through to resolution.
Partner
Vivienne Middleton
Divorce and separation lawyers in Birmingham, Cheltenham, Henley in Arden, and Stratford-upon-Avon.
The breakdown of a marriage or relationship can be one of life’s most challenging experiences. At Lodders, our specialist divorce and separation lawyers provide clear, strategic advice and unwavering support, helping clients navigate this difficult period with confidence, sensitivity and complete discretion.
Since the introduction of no-fault divorce in England and Wales in 2022, the process has become simpler and less confrontational, removing the need to attribute blame and helping to reduce conflict, particularly where children are involved. Today, the sole ground for divorce is that the marriage has broken down irretrievably.
Understanding the divorce process.
Although every family’s circumstances are unique, the divorce process in England and Wales generally follows four key stages:
1. Submitting the application – One or both spouses make an application, either directly or through their solicitor.
2. The reflection period – A mandatory 20-week period designed to allow time for reflection and consideration before moving to the next stage.
3. Conditional Order – The court confirms that the legal requirements for divorce have been met.
4. Final Order – The marriage is legally dissolved.
Throughout the process, our experienced lawyers will provide practical guidance and tailored advice, helping to ensure matters progress as smoothly and constructively as possible.
Divorce and children.
Understandably, many parents’ greatest concern is the impact that divorce may have on their children. While separation can be unsettling, arrangements that prioritise children’s welfare and minimise conflict can help provide stability and reassurance during a period of change.
Where possible, we encourage families to resolve issues relating to children through negotiation, mediation or collaborative approaches, avoiding the stress and expense of court proceedings wherever appropriate. Our focus is always on achieving child-centred solutions that support the long-term wellbeing of the entire family.
Read our guide to a ‘collaborative style’ divorce here.
What happens to the family home?
The future of the family home is often one of the most significant and emotive issues arising from divorce.
The options available will depend on a range of factors, including your financial circumstances, ownership arrangements and the needs of any children. In some cases, the property may be sold and the proceeds divided; in others, one party may retain the home or a sale may be deferred until a later date.
Whatever your circumstances, we will help you understand your options and work to secure the most appropriate outcome for your future.
International divorce
Where either spouse has connections to more than one country, the question of where divorce proceedings should take place can have significant implications, particularly in relation to finances.
Different jurisdictions can produce markedly different outcomes, and specialist advice is often required to determine the most advantageous approach. Matters involving overseas assets, trusts, investments or business interests can add further complexity.
Working closely with trusted advisers and lawyers in other jurisdictions, our team has extensive experience in handling international divorce matters and providing strategic advice tailored to cross-border families.
Financial settlements on divorce
For many individuals, reaching a financial settlement is the most important aspect of the divorce process. Decisions made at this stage can have a lasting impact on your financial security and future wellbeing.
Securing the right advice from the outset is essential. Our lawyers provide clear, commercially minded guidance to help clients achieve outcomes that are fair, practical and aligned with their long-term objectives.
Drawing on longstanding relationships with leading barristers, accountants and pension experts, we offer comprehensive support in even the most complex cases. Wherever possible, we seek to resolve disputes through constructive negotiation, collaborative processes and alternative dispute resolution. However, where litigation becomes necessary, we provide robust representation and strategic advice to protect our clients’ interests.
Above all, we are committed to helping clients move forward with confidence and achieve the best possible outcome for themselves and their families.
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Divorce and separation
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DIVORCE AND SEPARATION FAQS
Your questions answered
Considering divorce or separation? Our frequently asked questions provide clear, practical guidance on some of the issues clients most commonly encounter, helping you navigate the process with greater confidence and clarity.
There is no fixed formula for dividing assets on divorce. Every case is considered on its own facts, with the aim of achieving a fair outcome that meets the needs of both parties and any children involved.
When determining how assets should be divided, a range of factors are taken into account, including the length of the marriage, the financial resources and needs of each spouse, their standard of living during the marriage, and the contributions they have made, both financial and non-financial.
A financial settlement may cover property, savings, investments, pensions and other assets. While many couples are able to reach an agreement through negotiation, others may require mediation, solicitor-led discussions or, in some cases, the involvement of the court.
Once an agreement has been reached, it should be formalised in a legally binding consent order to provide certainty and ensure that financial claims are properly concluded.
Given the long-term impact a financial settlement can have on your future, obtaining specialist legal advice at an early stage is essential. Our experienced divorce lawyers provide clear, strategic guidance to help clients achieve outcomes that are fair, practical and aligned with their long-term interests.
In most cases, once a financial settlement has been approved by the court and incorporated into a final order, it is intended to provide certainty and bring financial claims to an end. For this reason, it is essential to obtain specialist legal advice from the outset to ensure that any agreement reached properly reflects your long-term financial needs and objectives.
While it is possible for the court to revisit a financial settlement, this is uncommon and typically only arises in exceptional circumstances. Examples may include fraud, the failure to disclose assets, or a significant and unforeseen change in circumstances.
Given the lasting impact a financial settlement can have on your future, taking advice at an early stage can help you make informed decisions and secure an outcome that is fair, practical and built to stand the test of time.
Yes. Pensions are often one of the most significant assets considered during a financial settlement on divorce and can be shared in a number of ways, depending on your circumstances and overall financial position.
The most common options include:
· Pension sharing – a percentage of one spouse’s pension is transferred into the other’s name, creating separate pension funds for each party.
· Pension offsetting – one spouse retains their pension, while the other receives alternative assets of equivalent value, such as a larger share of the family home or savings.
· Pension attachment – a portion of pension benefits is paid to the other spouse when the pension comes into payment, typically on retirement.
The approach taken will depend on a range of factors, including the value of the pension, other assets available and the needs of both parties.
If you are separating but not divorcing, pensions cannot be formally divided in the same way. However, it is important to understand how any existing entitlements or survivor benefits may still apply.
Our specialist divorce lawyers can provide clear, tailored advice to help ensure pensions are properly considered as part of a fair and secure financial settlement.
For many separating couples, pets are considered part of the family, which can make arrangements for their care particularly sensitive when a relationship ends.
In legal terms, pets are treated as property, and the court will usually consider issues such as ownership and evidence of who purchased or was gifted the animal. Where ownership is not clear, practical factors may also be relevant, including who has primarily cared for the pet and who is best placed to meet its ongoing needs.
If a pet was clearly gifted to one party, it will generally be regarded as belonging to the recipient. However, where responsibility has been shared, reaching an agreement between the parties is often the most constructive approach, particularly to avoid additional conflict.
Our specialist divorce lawyers can advise on your position and help you reach a practical solution that reflects your circumstances.
A divorce brings a legally valid marriage to an end, whereas an annulment is a legal process that declares a marriage was not valid in the first place.
A marriage may be considered void (and therefore automatically invalid) in certain circumstances, such as where the parties are closely related, one or both spouses were under the legal age to marry, or one party was already married or in a civil partnership at the time.
A marriage may also be voidable, meaning it is legally valid unless and until it is annulled. Grounds for a voidable marriage can include lack of valid consent, non-consummation (in opposite-sex marriages), one party being pregnant by someone other than their spouse at the time of the marriage, or undisclosed circumstances that affect the validity of the relationship.
Annulment is less common than divorce and is only available in specific legal circumstances. Our specialist family lawyers can advise on whether it may be relevant in your situation and guide you through the most appropriate legal route.
In England and Wales, divorce proceedings are dealt with by the Family Court.
Once a divorce is finalised, the Final Order is the only document that is typically recorded on the public register. This includes basic information such as the names of both spouses, the date and place of the marriage, and the date the divorce was granted.
More detailed information, including financial arrangements and other sensitive personal matters, remains private and is not made available to the public.
Our specialist divorce lawyers can advise you on the process and what information is disclosed at each stage, ensuring you understand what to expect from start to finish.
Divorce does not automatically invalidate a will, but it does have an important legal effect on its contents.
Once a divorce is finalised, any provisions in your will that appoint your former spouse as a beneficiary or executor will generally be treated as if they had died before you. This means they will not inherit under your will or act in an appointed role unless you have expressly provided otherwise.
The remainder of your will remains valid, but it is important to review your estate planning following a divorce to ensure it still reflects your wishes and circumstances.
Our specialist family lawyers can work alongside our private client advisers to help you ensure your arrangements remain up to date and properly structured following separation or divorce.
If you separate but don’t legally divorce, your spouse remains a beneficiary unless you update your will. If you want to exclude them before the divorce is final, you’ll need to amend or create a new will.
Divorce is often both legally complex and emotionally challenging, involving important decisions that can have long-term implications for your financial future and family life.
Seeking specialist legal advice ensures you understand your rights and options from the outset, and helps you make informed decisions at every stage of the process. An experienced divorce lawyer can provide clear guidance, reduce uncertainty, and help to avoid unnecessary conflict or delay.
With the right support, it is possible to navigate the process in a more structured and constructive way, focusing on achieving a fair outcome and enabling you to move forward with confidence.
At Lodders, we combine clear, expert legal advice with a highly personal and understanding approach, helping clients navigate divorce and separation with confidence and clarity.
We take the time to understand your individual circumstances, providing tailored guidance and steady support at every stage of the process. Our focus is on achieving practical, fair outcomes that allow you to move forward with certainty and peace of mind.
If you would like to speak to one of our specialist divorce and separation lawyers, simply use the ‘Get in touch’ button at the top of this page or visit our contact page via the link below.
A member of our team will then respond as promptly as possible to arrange a confidential discussion about your circumstances.