Divorce and Seperation Lawyers

Our specialist London divorce Lawyers can help with divorce matters of any kind, including finances, children, property and tracking down hidden assets. Fixed fee divorce available!

divorce and family solicitors

Top-class London divorce lawyers

Our team of highly skilled solicitors and family lawyers is based in London at Unit 10 St James House, 9-15 St James Road, Surbiton. We are conveniently located just a short 2-minute walk away from Surbiton train station. If you require the services of a family lawyer in London, we are confident that we will be a suitable choice for you.

With our vast experience in the field, we offer comprehensive guidance and representation in all aspects of family law. Our focus lies particularly on resolving intricate financial matters and ensuring the well-being of children during divorce or separation proceedings. While our lawyers have a reputation for their exceptional litigation skills, we actively encourage open communication between spouses. Additionally, we will provide advice on more amicable approaches, such as mediation, which can save you time, money, and reduce emotional strain.

Our diverse clientele consists of individuals from both domestic and international backgrounds. We cater to high-net-worth individuals with complex financial situations, as well as local professionals dealing with simpler issues. Many of our clients possess intricate business ventures, pension and trust arrangements, overseas assets, or enjoy a prominent public profile.

The Divorce Process

A relationship breaking down can be extremely stressful and daunting. Therefore, the experience can be made less traumatic and acrimonious by instructing an exceptionally committed legal team to assist you. Our London family law team at Darton Law will work towards reaching an agreement between parties by avoiding confrontation where possible, but still ensuring that our client’s best interests remain paramount. If it is necessary for matters to progress towards Court proceedings, our team will provide excellent representation in order to achieve the best results for you.

You will be provided with specialist advice in relation to what should happen to your finances, division of property and any matters concerning the children of the family. Our London family law firm team will offer you the support you require as well as a high level of professionalism through this highly emotional time. We have developed a reputation for being approachable, friendly and for consistently exceeding our client’s expectations whilst maintaining ethical and socially responsible standards in divorce proceedings.

We provide expert advice in the following areas:

  • Divorce and separation matter
  • Financial Settlement for both spouses and children
  • Cohabitation
  • Civil partnership
  • Children – Private Law ( disputes between family members)
  • Children – Public Law ( disputes involving social services)
  • International child disputes including Child Abduction and removal from the jurisdiction.
  • Domestic Violence

We now are able to offer clients family legal aid. Family legal aid covers the following areas;

  1. Divorce and finances
  2. Private Children Act Proceedings
  3. Care and Adoption Proceedings

However, not everyone is eligible for legal aid. In order to be eligible you have to pass a means test (which is based on income) and a merits test. If you claim certain benefits the you will meet the means test. If you earn an income evidence will need to be provided for your application to considered by the Legal Aid Agency.

The merits test is usually met if it is in the interests of justice for legal aid to be granted and there is evidence of domestic violence, this can be through a criminal conviction at Court, a non-molestation order, a GP letter or letter from a refuge. Legal aid can also be granted in cases where people suffer from mental health issues. Again, evidence of this has to be provided.

If you are unsure as to whether you can apply for legal aid, then please contact Kate Maddison and she will be able to advise you accordingly.

You are welcome to contact us by e-mail or telephone to seek our specialist advice on Family Law, Divorce & Children Law in London. We assure you that your matter will be dealt with in strict confidence.

Meet our Divorce & Family Law Specialist

Kate Maddison

Miss Kate Maddison LL.B (Hons)

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Divorce and Separation

Legal separation and divorce are traumatic experiences. Throughout the divorce or separation process, our London-based family law attorneys will work with you to help you make rational choices about your financial future and child custody arrangements.

Our goal is to safeguard your best interests while giving you the resources to reach agreements regarding the division of your property and assets and the provisions for your children outside of court. In the event that litigation is unavoidable, we will offer steadfast assistance, counsel, and legal protection.

Children and Childcare Arrangements

Legal matters involving children and childcare arrangements require expert, caring legal advice from a good family lawyer who understands the processes involved. We can assist you with reaching an agreement regarding which parent your children will live with and visiting rights for the non-custodial parent in a non-confrontational manner, using alternative dispute resolution methods such as mediation.

Cohabitation and Unmarried Family

Cohabitating couples do not enjoy the same legal protection as those who are married or in a civil partnership. Our London-based family lawyers can advise you on your legal rights if your cohabited relationship breaks down and advise on and draft comprehensive cohabitation agreements.

Divorce and Separation

Divorce and legal separation are harrowing events to go through. Our family law solicitors will work with you throughout the divorce or separation process, helping you make clear, pragmatic decisions about your financial future and arrangements for your children. Our aim is to ensure your best interests are protected and provide you with the tools to work out arrangements for apportioning your property and assets and making arrangements for your children outside of the courtroom. If litigation becomes inevitable, we will provide strong support, advice, and legal representation.

Dissolution of Civil Partnership

If your civil partnership has ended, our family law solicitors can provide you with sensitive, pragmatic advice on dissolving your civil partnership, reaching a financial settlement and making arrangements for your children.

Financial Dispute on Divorce

We have an abundance of expertise in negotiating financial settlements in divorce and separation cases. Our lawyers also manage high-net-worth divorce cases and can instruct forensic accountants and wealth management advisors when required, to support you when making your settlement claim.

Family Mediation and Alternative Dispute Resolution

It has long been a policy of the English family law system to encourage couples and families to settle disputes outside of the courtroom. It has been proven that by allowing families to take control and work out arrangements between themselves, the solutions they reach are more likely to last long-term.

We can support and advise you on all types of alternative dispute resolution methods, including guiding you through how methods such as Mediation Information & Assessment Meetings (MIAMs) work.

Further services and support for family law clients

We specialise in family, criminal and employment law. We collaborate with other teams to ensure clients receive the best possible advice and support.

At Darton Law you will find a London law firm that is committed to providing comprehensive family law advice in a caring, compassionate manner. We will always put your needs first and act in your best interests at all times. We are completely transparent regarding our fees and will provide open, honest communication throughout the duration of your case.

By instructing us, you can be confident that your family law matter is being managed by experts in their field and genuinely care about you and your children.

FAQ’s

A divorce is the dissolution of marriage through a legal process by filing an application in a court of law. Once a couple has divorced, they are no longer legally married; however, there may be legal contracts set in place such as maintenance orders and child arrangements orders that they must still adhere to.

There are four key stages in the divorce process.

These are as follows:

  1. Complete a divorce application as either a sole applicate or as a couple, as joint applicants
  2. Submit the application to a divorce centre either online or by post with the correct court fee
  3. Apply for a conditional order (once the application is acknowledged by your spouse and after a 20-week cooling-off period)
  4. Apply for a final order (6 weeks after you have the conditional order)

However, the act of divorce itself does not put an end to the financial relationship between you and your partner.

To separate your finances, you must reach a financial settlement; a legally binding decision on how assets and wealth will be split now that the marriage has ended.

Arrangements for children will need to be made if required, but these are also dealt with separately from the divorce.

Someone refusing to acknowledge a divorce application can be extremely frustrating. However, there are several options open to you if your spouse does not respond.

Once the divorce application has been filed, the court sends out a copy of the application and an Acknowledgment of Service form to the respondent (your ex-spouse).

They are given 14 days to complete this and return to the court. This confirms to the court that the respondent has received the application.

If there is no cooperation from them, you can have the application personally served.

A court bailiff can arrange this (if you do not have legal representation) or a Process Server (if you have a solicitor acting for you). They will physically serve the documents to your spouse at their address or an alternative address, like their work address.

Once personally served, you can proceed whether they cooperate or not.

In England & Wales, there is only one ground for divorce which is the irretrievable breakdown of a marriage. This can be evidenced by proving one of five facts: adultery, unreasonable behaviour, desertion, living apart for more than 2 years with consent and living apart for a minimum of 5 years without consent.

Your divorce solicitor will:

  • discuss your options, including dispute resolution such as mediation
  • explain the process and what you need to do at each stage
  • start the action for you by filing the necessary forms
  • help you reach an agreement with your ex-partner without having to go to court
  • provide help and support with related legal issues, such as where each person will live and who gets what, and future arrangements for any children

If you have to go to court, your solicitor will present your case, explain what you need to do and what the judge’s decision means for you.

If you’re at risk of domestic abuse, your solicitor will make it a priority to keep you (and any children) safe.

What will happen at your first appointment

Your solicitor will ask you some questions about your situation, including:

  • why you want a divorce
  • details of any problems, such as domestic abuse or adultery
  • whether you’re at risk (if your partner can be violent or abusive)
  • if any children are involved, and their current and future living arrangements

They may also ask to see documents such as your marriage certificate and passport.

This information will help your solicitor decide what grounds there might be for divorce, and to estimate how long it will take, costs and results. They can then discuss with you what would be best for you and any children involved.

The person applying for a divorce (the ‘petitioner’) will have to pay a fee of £550 on sending a divorce application to the divorce centre. Other costs include solicitor’s fees. There will be additional fees if matters relating to finances and children are to be resolved. The most cost effective way to resolve these issues is to come to an agreement without the needs for Court Proceedings.

Trying to avoid an acrimonious divorce, is also beneficial for the mental and physical health of the parties. Unnecessary and protracted proceedings can cause high levels of stress and anxiety.

Legal aid is no longer available for most divorce cases, unless there are concerns of domestic abuse or violence. It’s still available for mediation.

A child can decide where they want to live from the age of 16, unless there is a Child Arrangements Order specifying their residence until the age of 18.

There are many ways in which the financial issues can be resolved between parties in a divorce. The most low cost way is for the parties to come to an agreement themselves or through mediation. If this is not possible, negotiations can take place between solicitors. The purpose of these methods is to reach an agreement and a financial order can be drafted. In the event that an divorce agreement cannot be reached, Court proceedings will need to be issued.

The law puts the welfare of children before anything else. Your solicitor will help you wherever possible to reach an agreement with your ex-partner.

In principle, Courts do not like to interfere in matters relating to children, including resolving contact issues. The Court’s rationale generally is that both parents need to be involved in raising the children and separated parents should be able to make decisions between them making the children’s needs paramount. Should an agreement not be able to be reached, the nest step is mediation. If mediation fails, Court proceedings will need to be issued for a Court to make the decisions the parents cannot. Should matters progress towards Court proceedings, this would escalate costs.

Whatever your circumstances, a family law solicitor has the knowledge and experience to make sure the decisions you make are in the best interests of your children, now and in the future.

Although you need a court order to get a divorce, you do not need to go to court to reach a settlement with your ex-partner about your children, home or money.

Mediation

One option is to go to mediation. In fact, a judge will expect you and your ex-partner to have at least found out about, and preferably tried, mediation before coming to them for a decision.

A mediator is trained in helping separating couples reach agreement even on difficult issues. They will not take sides but will listen to you both.

Your solicitor will be able to advise you and help you arrange a meeting with a mediator.

You might be able to get legal aid for family mediation.

Arbitration

Arbitration is another way of resolving disputes without going to court. It applies the law in the same way as the Family Court but it can help you and your ex-partner resolve any disputes more quickly and affordably.

Both you and your ex-partner enter into an agreement with a suitably qualified person (an arbitrator). You are both legally bound by the arbitrator’s decision.

Arbitration can be used to resolve disputes about:

  • property and finance
  • child maintenance
  • living and contact arrangements for children
  • other arrangements for children, such as schooling

You can discuss this option with your solicitor, who will need to refer you to an arbitrator.

You and your ex-partner are entitled to independent legal advice throughout the process. Your solicitor can go with you to arbitration meetings if your ex-partner agrees.

What do our clients say about us?

I was able to contact at any time and always given a response. I knew what happening with my case every step of the way. I was totally impressed with the whole service provided by Darren and his colleagues and he also took the time to explain things to my family. Myself and my family could not be happier – not a single bad thing to say.

Miss H, Uxbridge

The service was very approachable and friendly. I was kept informed at every stage of the proceedings. Very impressed with the professional service of the partnership which lead to a very satisfactory outcome.

Mr W, Stanwell

It was made very easy for me to understand. I now understand the hard work and time which was put into preparing the defence for my case, it was brilliant.

Mr P, West Molesey

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