Divorce & Separation

Ending a marriage is seldom a decision reached in haste. By the point at which legal advice is sought, most individuals have spent considerable time reflecting on their position. What lies ahead is a process that, while procedurally less burdensome than it once was, still calls for careful navigation.

Tower Bridge Legal guides clients through divorce and separation with clarity and professionalism, ensuring that each stage is properly understood and that decisions are taken in full knowledge of their consequences.

The Divorce, Dissolution and Separation Act 2020 came into force in April 2022, bringing no-fault divorce to England and Wales. Before this reform, a petitioner had to establish fault, citing adultery or unreasonable behaviour, or else wait out a period of separation. That requirement has now fallen away.

An applicant states simply that the marriage has irretrievably broken down. No particulars of blame need be given. The other party cannot contest the divorce by arguing that the marriage remains intact.

The Procedural Framework

Proceedings begin with an application to the court. This may be submitted by one spouse alone or by both acting jointly. The respondent receives notification and has the opportunity to acknowledge.

A minimum of 20 weeks must then pass before the applicant can seek a conditional order. This represents the first of two orders that together bring the marriage to an end. A further six weeks must elapse before the final order may be applied for. Once the final order is made, the marriage is dissolved.

These waiting periods serve a purpose. They create space for reflection and, importantly, allow time for the financial and children dimensions of separation to be addressed.

Moving too quickly towards the final order while finances remain unresolved can create difficulties. Certain claims, pension rights in particular, may be impacted by timing. We advise clients on how the divorce process should be coordinated with the resolution of ancillary matters.

Cohabiting Couples

Unmarried couples occupy different legal territory. Common law marriage has no recognition in England and Wales, regardless of how many years a couple may have lived together.

Cohabitants possess limited claims against one another’s property upon separation and no automatic entitlement to maintenance.

Disputes typically centre on beneficial interests in property, particularly the family home, and may require resolution under trust law principles rather than the family law framework that applies to married couples. We advise cohabitants on the legal position they actually hold.

Protective Measures

The interval between separation and financial resolution can give rise to legitimate concern about asset preservation. Where there is cause to believe that a spouse may dissipate property, dispose of assets, or accumulate liabilities to the prejudice of the other, protective steps may be available.

These include freezing injunctions, orders preventing dealings with particular property, and orders requiring disclosure. We advise on whether such measures are warranted and move quickly where urgent applications are needed.

International Considerations

Marriages with ties to more than one country raise questions of real complexity. Which jurisdiction’s courts may hear the divorce? Which country’s law will govern its financial consequences? The answers carry significant weight, as different legal systems can produce very different results on equivalent facts.

We advise clients with international dimensions on jurisdictional strategy and coordinate with legal professionals overseas where proceedings in another country are involved.