Very few people begin divorce proceedings because they want to. For most, the decision comes after months—or even years—of trying to make the relationship work. By the time you start looking for a divorce solicitor, you’re thinking about what will happen to the family home, whether your pension will be divided, how your finances will be split, or what arrangements will be made for your children.
These decisions can have a lasting impact on your future, which is why, when you get in touch with us, your first consultation is free and conducted personally by Anthony Derbyshire, who has over 50 years of experience in divorce and financial settlement matters.

Recovered for clients in matrimonial & financial disputes
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In England and Wales, most divorces now follow the No-Fault Divorce process introduced in April 2022. This means you no longer need to prove that your spouse was responsible for the breakdown of the marriage, and your spouse cannot prevent the divorce simply because they do not agree.
The legal process involves:
During these steps, there are other critical matters that may need to be addressed:
» Dividing your finances
» Making arrangements for your children
» The Family Home
» Complex financial cases involving high net-worth individuals
» Domestic abuse
» Reaching an agreement or going to court
» After divorce considerations
Before founding England & Derbyshire LLP, we established Divorce Lifeline after identifying widespread mistakes in how pensions and other matrimonial assets were valued during divorce settlements.
Since 2016, our team has recovered over £15 million for clients who received negligent advice during divorce financial proceedings, including acting in the High Court case Lewis v Cunningtons Solicitors, where the court awarded our client £400,000 in damages.
The way matrimonial assets are now valued in the UK has all changed because of the work we’ve done. Few firms have spent as much time analysing where divorce settlements go wrong. We are therefore uniquely positioned to achieve a fair financial outcome for our clients.
You can call us on 01483 332080, email us at hello@englandderbyshire.co.uk, or book a free consultation through our website.
Every divorce enquiry is handled personally by Anthony Derbyshire, a partner with over 50 years of experience. He will discuss your circumstances, understand what you need help with, and explain the options available to you before you. There is no pressure or obligation to proceed.
After your initial conversation with Anthony, you will have a second consultation with the solicitor who is best suited to your matter. They will discuss the divorce process, financial settlements, arrangements for children (if applicable), and the recommended next steps.
Speaking to a solicitor does not mean you have to immediately begin legal proceedings. If you decide to instruct us, we will explain our approach, likely timescales, and fees before any work begins. You only proceed once you understand what is involved.
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Getting divorced legally ends your marriage, but it does not automatically decide what happens to everything connected to your life together.
Our solicitors can advise on the areas that apply to your situation and help you resolve matters either through agreement or, where necessary, through court proceedings.
One of the biggest misconceptions about divorce is that the divorce itself divides your money.
It does not.
A financial settlement deals with how assets and liabilities should be divided between you and your former spouse. This can include:
A settlement can be recorded in a Financial Consent Order, making the agreement legally binding. If an agreement cannot be reached, the matter may need to be decided through Financial Remedy proceedings.
If you have children together, divorce also involves decisions about their future. Parents may need to agree:
Where parents cannot agree, the court can make a Child Arrangements Order.
The court’s primary consideration is always the welfare of the child. It will consider factors such as the child’s needs, any risks of harm, and each parent’s ability to provide appropriate care.
We advise on Child Arrangements Orders, Parental Responsibility, relocation disputes, Specific Issue Orders, and Prohibited Steps Orders.
For many separating couples, the family home is their biggest asset and one of the most difficult decisions to make.
The outcome depends on factors including:
Possible outcomes may include:
We advise clients on property issues as part of the wider financial settlement.
Some divorces involve assets that require more detailed investigation and specialist advice.
These may include:
Complex cases often require accurate valuations and careful financial disclosure to ensure all relevant assets are properly considered.
If domestic abuse, coercive control, or concerns about safety are involved, the divorce process may need to take a different approach. Legal protection may include:
Our solicitors can advise on the options available and help you take appropriate steps to protect yourself and your children.
Not every divorce needs to end with a court hearing. Many couples resolve matters through:
Resolving matters by agreement can often save time, reduce costs, and allow both parties more control over the outcome.
Where agreement is not possible, we can advise on court proceedings and represent you throughout the process.
Once your divorce is complete, there are several practical matters that should not be overlooked. You may need to review:
» Your Will
» Lasting Powers of Attorney
» Pension nominations
» Life insurance policies
» Property ownership arrangements
» Financial documents
Making these updates helps ensure your legal and financial affairs reflect your new circumstances.
When you’re thinking about getting divorced or you’ve already started the process, it’s natural to have questions. Below, we’ve answered some of the most common questions we receive about divorce, financial settlements, legal costs, pensions, property, and how the divorce process works in England and Wales.
If your question isn’t here, the first conversation is free.
A divorce financial settlement typically costs between £500 and £3,500 + VAT if you and your spouse have already reached an agreement and simply need a solicitor to prepare a legally binding Consent Order.
If you cannot agree and solicitors need to negotiate on your behalf, costs often range from £3,000 to £10,000 or more + VAT.
Where the dispute goes to court, legal costs can exceed £25,000, particularly in complex cases involving businesses, pensions, or multiple properties.
The amount you’ll pay depends on factors such as:
We offer a free initial consultation where we can discuss your circumstances and provide a more realistic estimate based on your situation.
For a straightforward, uncontested divorce, solicitor’s fees typically range from £500 to £1,500 + VAT. If your divorce also involves negotiating a financial settlement or child arrangements, costs usually increase to £1,500 to £5,000 or more + VAT, while fully contested court proceedings can exceed £30,000.
The biggest factor affecting cost isn’t the divorce itself. It’s whether you and your spouse can agree on finances and arrangements for any children. Reaching an agreement early can significantly reduce legal fees and avoid lengthy court proceedings.
If you’re unsure what your divorce is likely to cost, we can give you a more accurate estimate during your free consultation based on:
In most cases, yes. While you can apply for a divorce yourself, the divorce only ends the marriage. It doesn’t legally divide your finances, resolve child arrangements, or protect you from future financial claims. A solicitor can help you negotiate a fair settlement, prepare a legally binding Consent Order, and avoid costly mistakes that may only become apparent years later.
If you’re separating amicably, you may not need a solicitor for every stage of the process. However, if there are disagreements over finances, children, property, pensions, or your spouse already has legal representation, seeking legal advice is strongly recommended.
In most divorces, each person pays their own solicitor’s fees. However, it’s possible to agree to share legal costs, particularly if you’re making a joint divorce application. In rare cases, the court may also order one party to pay some or all of the other’s legal costs if they’ve behaved unreasonably and caused unnecessary expense.
If paying for legal representation is a concern, some people may qualify for government Help with Fees for certain court costs, while others may be able to access litigation funding that’s repaid once the financial settlement is concluded.
If you’d like advice that’s specific to your circumstances, we can discuss whether your divorce is a sole or joint application and whether there are complex financial matters, such as pensions or property, that could affect the overall costs.
For most people, a solicitor should be your first call. A solicitor protects your legal rights, negotiates your financial settlement, and prepares the legally binding court orders. If your case involves pensions, businesses, investments, or significant assets, your solicitor may also recommend involving a financial advisor to assess the long-term financial and tax implications of any proposed settlement.
Many people assume a financial settlement is simply about dividing assets equally. In reality, the court’s objective is fairness. That means considering factors such as future income, housing needs, pensions, earning capacity, and the welfare of any children. Not just the current value of your assets.
If your divorce involves business interests, investments or substantial pensions, or you’ve agreed how to divide your assets but want to know whether the settlement is fair and financially sustainable, we can advise on the best approach and whether specialist financial advice is likely to benefit your case.
The biggest mistake is agreeing to a financial settlement before fully understanding what you’re entitled to. Many people focus on ending the marriage quickly, only to overlook valuable assets such as pensions, investments, or future financial claims. Without a legally binding Financial Order, your former spouse may even be able to make financial claims against you years after the divorce has been finalised.
Another common mistake is letting emotions dictate decisions. Rushing a settlement, hiding assets, or fighting over issues that could be resolved through negotiation often leads to higher legal costs and poorer long-term outcomes.
If your divorce involves pensions, a family business, multiple properties or other significant assets, or you’ve already reached an agreement but want to be sure you’re not giving up more than you should, we can review your position before you commit to a settlement.
The “2 year rule” was part of the old divorce system. Before April 2022, couples could divorce after living apart for two years if both parties agreed. However, this is no longer required under the No-Fault Divorce law introduced in England and Wales.
Today, you can apply for a divorce after being married for at least 12 months by simply stating that the marriage has irretrievably broken down. You do not need to prove fault, wait two years, or obtain your spouse’s consent.
One point many people miss is that divorce and financial claims are separate issues. Even if you’ve been living apart for several years, financial claims don’t automatically come to an end unless there’s a court-approved Financial Order.
If you’ve been separated for a long time but never formally divorced, or you’re unsure whether your former spouse could still make a financial claim against you, we can explain your legal position and the steps needed to protect your future.
Very little is automatically protected in a divorce. While assets such as inheritances, pre-marital savings, and personal gifts are often treated differently, the court can still take them into account if they’re needed to achieve a fair outcome, particularly where children or housing needs are involved.
A common misconception is that keeping money in a separate account automatically protects it. In reality, the court looks at where the money came from, how it was used during the marriage, and each person’s financial needs, not just whose name an asset is in. If you want the greatest certainty, prenuptial or postnuptial agreements and court-approved Clean Break Orders offer the strongest legal protection.
If the money came from an inheritance, a gift or savings you built up before the marriage, or you’re concerned about protecting a particular asset from a future financial claim, we can advise how the court is likely to treat it, and the best way to go about it.
The first thing you should do is understand your legal and financial position before making any major decisions. Although you can apply for a divorce once you’ve been married for at least 12 months, you need to know how your finances, property, pensions and arrangements for your children may be affected before starting the process.
Once you’re ready, you can make either a sole or joint application. Gathering documents, such as your marriage certificate and financial information, early on can save time later and reduce the risk of important assets or liabilities being overlooked.
If your divorce involves children, the family home or significant financial assets, or you’re unsure whether to make a sole or joint application, we can explain your options and help you decide the best way to move forward.
Assets acquired before the marriage, inheritances, personal gifts, and some assets obtained after separation are often treated as “non-matrimonial assets,” but they can still be taken into account if needed to meet the financial needs of a spouse or any dependent children.
The court’s aim is to reach a fair outcome, instead of simply splitting every asset equally. Whether an asset is shared often depends on how it was used during the marriage. For example, an inheritance used to buy the family home is much more likely to be considered than one that has always been kept separate. Likewise, simply having an asset in your sole name doesn’t automatically mean it’s protected.
If you’d like advice that’s specific to your circumstances, we can discuss which assets are involved—such as an inheritance, business, or property—and whether they’ve remained separate or been used during the marriage, as this can significantly affect how they’re treated.
Moving out isn’t always a mistake, but it can have unintended consequences if you do so without taking legal advice first. If children are involved, it may establish a new routine that influences future Child Arrangements. It can also leave you paying for two households while the divorce is ongoing, putting unnecessary financial pressure on you.
Moving out doesn’t mean you lose your rights to the family home or your share of its value. However, leaving before agreeing temporary arrangements for finances or the children can make negotiations more difficult and harder to unwind later.
If you’re experiencing domestic abuse or you don’t feel safe at home, your safety should always come first. In those circumstances, there are legal options, such as Non-Molestation Orders and Occupation Orders, that can help protect you.
Because the consequences of moving out can vary significantly from one family to another, it’s worth getting advice before taking that step. You can book your free consultation with us to get started.
There is no fixed amount that a wife is entitled to in a divorce. The court doesn’t automatically divide assets 50/50 or favour one spouse over the other. Instead, it aims to reach a fair outcome based on factors such as the needs of each person, the welfare of any children, the length of the marriage, the family’s standard of living, and both financial and non-financial contributions.
Depending on the circumstances, this could include a share of the family home, pensions, savings, investments, spousal maintenance, and child maintenance. Every case is different, and the outcome depends on the family’s overall financial situation rather than whose name an asset is in or who earned the most.
Two divorces with similar assets can produce very different outcomes because the court looks at the needs of the family as a whole, not just the value of what’s being divided. If you’re unsure what you may be entitled to, we can assess your circumstances and explain how the court is likely to approach your case.
No. Even after five years of separation, you still need to apply for a divorce and pay the relevant court fee (unless you qualify for Help with Fees). Under the current no-fault divorce system, you no longer need to wait five years to apply, and your spouse cannot prevent the divorce simply by refusing to agree.
Many people also assume that a long separation automatically ends financial ties, but it doesn’t. Until a court approves a Financial Order, either spouse may still be able to make financial claims against the other, even years after separating.
For more information about applying for a court fee remission/exemption, the paperwork needed to apply online, or how to separate finances after a long time apart, please get in touch with us for a free consultation.
The person who starts the divorce application usually pays the initial court fee. In a joint application, the first applicant pays the fee upfront, although many couples agree to split the cost. Each person is generally responsible for paying their own solicitor’s fees, and if separate court applications are needed for financial or child arrangements, additional court fees may also apply.
In some cases, the court may order one party to contribute towards the other’s legal costs if they’ve behaved unreasonably during the proceedings. If you’re on a low income or receive certain benefits, you may also qualify for the government’s Help with Fees scheme, which can reduce or waive some court fees.
However, court fees are only one part of the overall cost of a divorce. Financial settlements, child arrangements, and whether an agreement can be reached outside of court usually have a much greater impact on the total amount you’ll pay.
The total cost of a divorce depends less on the court fees and more on the decisions that need to be made along the way. During your free consultation, we can explain what costs are likely to apply in your situation, whether a sole or joint application is more appropriate, and the most cost-effective way to achieve the outcome you’re looking for.
Not automatically. In England and Wales, pensions are treated as part of the overall financial settlement, but there is no rule that your wife is entitled to half of your pension. The court looks at what is fair, taking into account the length of the marriage, both parties’ financial needs, other assets available, and any children.
The court may make a Pension Sharing Order, allowing a percentage of the pension to be transferred, or it may use pension offsetting, where one spouse keeps more of the pension while the other receives a greater share of another asset, such as the family home. In many cases, the pension built up during the marriage carries the greatest weight, but there is no automatic formula.
One point people often overlook is that the value of a pension on paper isn’t always its true value. Different pension schemes have different benefits, tax implications and retirement ages, so two pensions with the same transfer value may not be worth the same in practice. Getting them properly valued before agreeing a settlement can prevent costly mistakes.
If your case involves a final salary pension, multiple pensions or a long marriage, or you’re deciding whether to share a pension or offset it against the family home or other assets, we can advise you on the approach that best protects your long-term financial position.
The new divorce law in England and Wales is the No-Fault Divorce system, which came into force in April 2022 and remains the law in 2026. You no longer need to prove adultery, unreasonable behaviour or years of separation to get divorced. Instead, you simply state that the marriage has irretrievably broken down.
You can apply on your own or jointly with your spouse, there is a mandatory 20-week reflection period before applying for the Conditional Order, and a further 6 weeks and 1 day before the Final Order. Your spouse can no longer defend the divorce simply because they don’t want it to proceed.
It’s also important to remember that the divorce itself does not resolve financial matters—you’ll usually need a separate Financial Order or Consent Order to end future financial claims between you.
There are ongoing discussions about reforming financial remedies and the legal status of cohabiting couples and nuptial agreements, but no major changes have yet replaced the current system.
If your divorce involves international elements or you need advice about dividing finances, pensions or business assets, our solicitors can explain how the law applies to your specific circumstances.
No. During a divorce, both parties have a legal duty to provide full and honest financial disclosure.
Deliberately hiding money, transferring assets to friends or family, undervaluing property, or failing to disclose bank accounts, investments or pensions can have serious consequences. The court can overturn a financial settlement, order you to pay your former spouse’s legal costs and, in the most serious cases, impose fines or even imprisonment for contempt of court.
In practice, attempts to hide assets are often uncovered through bank statements, disclosure documents and forensic accounting. If you’re concerned that your spouse is hiding assets, or your finances include a business, trusts or overseas investments, we can advise you on the options available to protect your position.
Yes, but whether you should depends on your circumstances. If there are no children or ongoing financial matters to discuss, you can choose to stop direct contact and communicate through email or your solicitors instead.
If you have children, shared finances, or court proceedings, it’s usually best to keep at least one written channel of communication open so practical matters can be dealt with and there’s a clear record of what’s been said.
If your husband is harassing, threatening, or abusing you, your safety comes first. You may be able to apply for a Non-Molestation Order, and if you’re still living together, an Occupation Order may also be available.
Avoid deleting messages or other communications, as they could become important evidence if legal proceedings arise.
If your situation involves children, ongoing financial issues, or concerns about harassment, we can explain the safest and most appropriate way to manage communication during your divorce.
The first step is submitting a divorce application to the court, either on your own (a sole application) or together with your spouse (a joint application). Once the application is issued, your spouse has 14 days to acknowledge it, after which the mandatory 20-week reflection period begins. You can then apply for the Conditional Order, followed by the Final Order at least six weeks and one day later.
One of the biggest misconceptions is that the divorce itself settles your finances. It doesn’t. The 20-week reflection period is often used to agree financial settlements and child arrangements before the Final Order is made.
If your divorce involves finances, pensions or property, or there are children involved, it’s worth getting legal advice before moving beyond the initial application.
Yes. A car is usually treated as a matrimonial asset if it was bought during the marriage or used by the family, regardless of whose name is on the V5C or finance agreement. In most cases, one person keeps the car while the other receives a larger share of another asset, such as savings or property, to achieve a fair overall settlement.
How the car is valued can also affect the settlement. If it’s on finance, only the remaining equity is taken into account. If it’s a classic or high-value vehicle, an independent valuation may be needed.
In most divorces, the question isn’t who gets the car—it’s how its value fits into the overall financial settlement. If the car is on finance or was bought before the marriage, or it’s a classic, luxury or high-value vehicle, we explain how it’s likely to be treated when your financial settlement is negotiated.
A silent divorce is not a legal divorce. It describes a marriage where a couple remains legally married but has become emotionally disconnected, often living more like roommates than partners. Communication is usually limited to practical matters such as children, bills or household responsibilities, with little emotional or physical intimacy.
Many couples stay in a silent divorce because of children, finances, fear of change, or to avoid conflict. While this may feel like the easier option in the short term, it often leaves both people feeling isolated and can make future separation more complicated, particularly where finances have become intertwined over time.
If you’re thinking about separating but still living together, or you’re unsure whether to work on the marriage or begin divorce proceedings, we can explain your legal options and help you plan your next steps.
The best way to protect your savings is to take the right legal and financial steps as early as possible. For example:
A common mistake is assuming that keeping an account in your sole name automatically protects the money. The court looks at the source of the savings, how they were used during the marriage, and what is needed to achieve a fair outcome.
If your savings come from an inheritance, were built up before the marriage, or are held in ISAs, investment accounts or joint accounts, the best way to protect them can vary considerably.We can go through the details during your free consultation and advise what practical steps you should take before making any financial decisions.