Skip to content

KBL Solicitors

  • Home
  • Business
      • Business

      • Commercial Litigation
        • Commercial Litigation

          • Bank & Financial Investment Mis-Selling
          • Business Disputes
          • Construction Disputes
          • Contract / Terms & Conditions
          • Intellectual Property
          • Manufacturing Disputes
          • Mediation
          • Professional Negligence
          • Property Litigation
      • Commercial Property
        • Commercial Property

          • Academy Conversion
          • Acquisitions & Disposals
          • Compulsory Purchase Orders
          • Energy Performance Certificates (EPC’s)
          • Landlord & Tenant Matters
          • Land Tribunal Work
          • Leases
          • Licensed Trade Premises
          • Option Agreements
          • Secured Lending
      • Corporate & Commercial
        • Corporate & Commercial

          • Agency & Distribution Agreements
          • Banking & Lending Services
          • Business Sales & Purchases
          • Commercial Contracts
          • Company Formation & Registrations
          • Group & Company Restructures
          • Joint Ventures
          • Share Options
          • Shareholders’ Agreements
          • Terms & Conditions
      • Employment / HR Support
        • Employment / HR Support

          • Confidentiality & Post Termination Restrictions
          • Defending & Preventing Harassment Claims
          • Discrimination
          • Employment Contracts
          • HR Advice Service
          • HR Training
          • Policies & Procedures
          • Redundancy
          • Settlement Agreements
          • TUPE / Business Transfers
          • Unfair/Wrongful Dismissal Claims
      • Insolvency
        • Insolvency

          • Directors Disqualification
          • Misfeasance & Directors Duties
          • Use of Prohibited Names
          • Company Voluntary Arrangements
          • Buying/selling a business out of an insolvency process
          • Insolvency claims
  • Personal
      • Personal

      • Divorce & Family Law
        • Divorce & Family Law

          • Child Arrangement Orders
          • Children
          • Civil Partnerships
          • Co-Habitation Agreements
          • Divorce & Your Business
          • Financial Remedy Proceedings
          • Just Living Together
          • Living Together – the Future
          • Parental Responsibility
          • Pre-Nuptial Agreements
          • The end of a Relationship
      • Employee Rights & Disputes
        • Employee Rights & Disputes

          • Directors / Senior Executives
          • Discrimination in the Workplace
          • Redundancy Situations
          • Settlement Agreements
          • TUPE for Employees
          • Unfair Dismissal
      • Litigation / Disputes
        • Litigation

          • Debt Recovery
          • Financial Services Disputes
          • Professional Negligence
          • Property Disputes
          • Probate Litigation
          • Residential Possession
      • Personal Injury
        • Personal Injury

          • Personal Injury
      • Personal Insolvency
        • Property

          • Personal Insolvency
          • Individual Voluntary Arrangements
          • Bankruptcy
          • Personal Guarantees
      • Property
        • Property

          • Buying a house
          • Equity Release
          • Remortgaging
          • Residential Property Disputes
          • Selling a house
      • Wills, Trusts, Tax & Probate
        • Wills, Trusts, Tax & Probate

          • Advice for the Elderly Client
          • Court of Protection
          • Inheritance Tax
          • Power of Attorney
          • Probate & Estate Administration
          • Probate Disputes
          • Trust Advice
          • Will Preparation
  • About us
      • Careers at KBL
      • Testimonials
      • Factsheets
  • Meet the Team
  • COVID-19 Support / News
  • Contact us
      • Bolton office
      • Blackburn office
Divorce & family law - KBL Solicitors

Get in touch

T: 01204 527777 T: 01254 268790 E: enquiries@kbl.co.uk
Request callback
  • Home
  • |
  • Support for you and your family
  • |
  • Divorce & Family Law
  • |
  • The end of a Relationship

The end of a Relationship

The end of a Relationship
  • > Child Arrangement Orders
  • > Children
  • > Civil Partnerships
  • > Co-Habitation Agreements
  • > Divorce & Your Business
  • > Financial Remedy Proceedings
  • > Just Living Together
  • > Living Together - the Future
  • > Parental Responsibility
  • > Pre-Nuptial Agreements

It is rare that both parties will come to the conclusion that their relationship has come to an end at the same time. The decision will usually have been taken by one partner some time ago and may well come as a shock to the other.

By the time that the announcement is made it is usually too late to salvage the relationship although if it has been discussed before it is possible to consider counselling.

The commonly accepted pattern of emotional progress is grief, shock, denial, anger, hatred and then acceptance. There are counsellors available to help you through these stages. How long it takes to move from one stage to another is different for each person. There can be three elements which need to be dealt with: The termination of the relationship itself, children and finances.

Whilst the criteria upon which all matters are dealt with are the same there are various processes, some of which are less confrontational then others. These are:- Agreement, Mediation, Collaborative Law; negotiations via solicitors, Court proceedings.

When parties who are married wish to separate there are a number of levels of separation. There is no such thing as a ‘legal separation’ you either live together or take one of the following courses of action.

Separation

Where both parties agree on what they are going to do and separate without making any formal arrangements. This might suit some people where, for instance, there is no pressure to get divorced and where neither party have plans to remarry. Pensions and joint assets will devolve as if the parties were still living together unless alternative arrangements are made. The drawback is that circumstances can change. Both parties will have developed new lives with new assets and liabilities. A court will deal with it on the basis of the assets which exist at the time when it comes before the court. It is very difficult for a Judge to look at the position several years on. The outcome can be extremely variable and definitely uncertain.

Deed of Separation

Where the parties are agreed on all aspects of their financial arrangements these can all be embodied in an agreement which is in the form of a Deed. Whilst the court always reserves the power to look at an agreement on a divorce, provided the agreement is reached on the basis of full disclosure of assets and liabilities and where both parties have had the benefit of legal advice, a court will be reluctant to become involved and change the agreement reached. A Deed of Separation is particularly useful where, for instance, parties have agreed to separate but do not have immediate plans to divorce.

Judicial Separation

This is an application to the court in virtually the same form of a divorce. The grounds for applying are the same as for a divorce save you do not need to establish that the marriage has broken down irretrievably as you do remain married. It was intended particularly for members of the Roman Catholic Church who needed to use the powers of the court to deal with financial matters but could not contemplate a divorce because of their religious beliefs.

The benefit is that it can be brought within 12 months of marriage. The drawback is that if you are subsequently going to become divorced you have to go through the whole process again. There are certain orders such as pension sharing which cannot be made upon Judicial Separation.

Divorce

There is only one ground for divorce. That is that the marriage has broken down irretrievably. It is necessary to prove that it has broken down irretrievably by showing one of the following grounds:

  • That the other party has committed adultery
  • That the other party has behaved unreasonably
  • That the other party has deserted you for a period of two years
  • That you have lived separate and apart for a period of two years and the other party consents to the divorce.
  • That you have lived separate and apart for five years. No consent is needed.

Once a Petition has been issued all financial matters remain at large and can only be brought to an end by an order lodged with the court either by agreement or after a hearing unless a party has remarried without first issuing a financial claim.

There is no legal aid available for divorce itself unless you can prove you have been the victim of domestic abuse and that your income and capital are below a certain level. The court fee of £550 is payable upon issuing of the petition and you need to lodge your original marriage certificate with the court which will not be returned to you. You may be entitled to a reduction in whole or in part if you are on benefits or a low income.

For certain of the facts relied upon for divorce, you may be able to make a claim for costs but usually the costs position is agreed either before or on issue of a petition.  Defended divorces are rare save in very exceptional circumstances.  The identity of the petitioner and respondent and the grounds for divorce are irrelevant when it comes to resolving the finances and the arrangements for the children save in very exceptional circumstances. It is simply a method of bringing the marriage to an end.

An undefended divorce will usually be concluded within 6 months.

Current page:
The end of a Relationship Services

Select another service

  • Child Arrangement Orders
  • Children
  • Civil Partnerships
  • Co-Habitation Agreements
  • Divorce & Your Business
  • Financial Remedy Proceedings
  • Just Living Together
  • Living Together - the Future
  • Parental Responsibility
  • Pre-Nuptial Agreements

What our clients say about us

  • KBL offers pragmatic and effective advice with an exceptional degree of client care.

    Jonathan Warburton, Warburtons Ltd
  • We chose KBL due to their specialism in commercial property and their proven work with Max Spielmann stores.

    Steve Thompson, The Fragrance Shop
  • I have instructed KBL in relation to a complex Employment matter. Sarah Collier is highly experienced in Employment Law. The client care provided by Sarah Collier and her assistant Sarah Taylor was exceptional and went over and beyond my expectations in the matter. A pragmatic approach was taken in the matter and I achieved the conclusion I was hoping for. Would definitely recommend KBL Solicitors.

    Ismail Limbada
  • KBL acted on my behalf during a long and drawn-out divorce. They were very supportive, professional and knowledgeable during the 18-month case and provided me with great reassurance throughout this difficult time.

    Mr Hulley
  • Gillian Hindle has worked on several legal matters for me and I have always found her advice to be sound, timely and crystal clear. In addition, she has always been unfailing polite, attentive and readily available. She is both a consummate professional and a delightful individual.

    Mr Martin Patrick
See more testimonials
Our accreditations:
The law society, conveyancing quality
The legal 500
Resolution, first for family law
Solicitors for the elderly
Members of:
Greater Manchester Chamber of Commerce
East Lancashire Chamber of Commerce
Proud supporters of:
Octagon Theatre Bolton
Bolton lads and girls club
Bolton Hospice

KBL Solicitors LLP, a Limited Liability Partnership. Registered in England number OC402496 VAT Reg. No. 421 8505 72 Service provided by solicitors of England and Wales Authorised and Regulated by the Solicitors Regulation Authority SRA Number 627254 www.sra.org.uk

  • Terms and Conditions
  • Privacy Policy
  • Cookies Policy
  • Register for updates
  • Client Relationship Review
KBL Solicitors Bolton

New Mansion House
63-65 Chorley New Road
Bolton
BL1 4QR

Tel: 01204 527777 Fax: 01204 388940 E: enquiries@kbl.co.uk
KBL Solicitors Blackburn

12 Cunningham Court
Blackburn
BB1 2QX

Tel: 01254 268790
E: enquiries@kbl.co.uk

© KBL Solicitors LLP

|

Made in Freshfield

  • Home
  • Business
    • Commercial Litigation
      • Bank & Financial Investment Mis-Selling
      • Business Disputes
      • Construction Disputes
      • Contract / Terms & Conditions
      • Intellectual Property
      • Manufacturing Disputes
      • Mediation
      • Professional Negligence
      • Property Litigation
    • Commercial Property
      • Academy Conversion
      • Acquisitions & Disposals
      • Compulsory Purchase Orders
      • Energy Performance Certificates (EPC’s)
      • Landlord & Tenant Matters
      • Land Tribunal Work
      • Leases
      • Licensed Trade Premises
      • Option Agreements
      • Secured Lending
    • Corporate & Commercial
      • Agency & Distribution Agreements
      • Banking & Lending Services
      • Business Sales & Purchases
      • Commercial Contracts
      • Group & Company Restructures
      • Company Formation & Registrations
      • Joint Ventures
      • Share Options
      • Shareholders’ Agreements
      • Terms & Conditions
    • Employment / HR Support
      • Confidentiality & Post Termination Restrictions
      • Defending & Preventing Harassment Claims
      • Discrimination
      • Employment Contracts
      • HR Advice Service
      • HR Training
      • Policies & Procedures
      • Redundancy
      • Settlement Agreements
      • TUPE / Business Transfers
      • Unfair/Wrongful Dismissal Claims
    • Insolvency
      • Directors Disqualification
  • Personal
    • Divorce & Family Law
      • Child Arrangement Orders
      • Children
      • Civil Partnerships
      • Co-Habitation Agreements
      • Divorce & Your Business
      • Financial Remedy Proceedings
      • Just Living Together
      • Living together – the future
      • Parental Responsibility
      • Pre-Nuptial Agreements
      • The end of a Relationship
    • Employee Rights & Disputes
      • Directors / Senior Executives
      • Discrimination in the Workplace
      • Redundancy Situations
      • Settlement Agreements
      • TUPE for Employees
      • Unfair Dismissal
    • Litigation / Disputes
      • Debt Recovery
      • Financial Services Disputes
      • Professional Negligence
      • Property Disputes
      • Probate Litigation
      • Residential Possession
    • Personal Injury
      • Personal Injury
    • Personal Insolvency
    • Property
      • Buying a house
      • Equity Release
      • Remortgaging
      • Residential Property Disputes
      • Selling a house
    • Wills, Trusts, Tax & Probate
      • Advice for the Elderly Client
      • Court of Protection
      • Inheritance Tax
      • Power of Attorney
      • Probate & Estate Administration
      • Probate Disputes
      • Trust Advice
      • Will Preparation
  • About us
    • Careers at KBL
    • Testimonials
    • Factsheets
  • Meet the Team
  • COVID-19 Support / News
  • Contact us
We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with this.AcceptRead more
Top

Get in touch

T: 01204 527777 T: 01254 268790 E: enquiries@kbl.co.uk
Request callback