Divorce Solicitors London | Financial Settlement & Children | Makwanas

Divorce is one of the most consequential legal processes a person goes through, determining where you live, how your assets are divided, what happens to your children, and what your financial position looks like for the rest of your life. Getting the right legal advice at each stage makes a material difference to every one of those outcomes.

Since April 2022, the no-fault divorce process under the Divorce, Dissolution and Separation Act 2020 has made the divorce itself more straightforward: no need to assign blame, no need to wait. But the divorce procedure is only one part of what most clients need help with. The financial settlement and the child arrangements are the areas where legal representation makes the most difference and where the outcomes are most variable. These are also the areas governed by the Matrimonial Causes Act 1973 (legislation that has not been substantially reformed despite multiple Law Commission reviews), which gives courts very broad discretion in how assets are divided.

This page sets out what we handle, how the process works, what financial settlements involve, how children’s arrangements are determined, and what the realistic costs look like, without inflated promises or opaque fee structures.

The No-Fault Divorce Process

Under the Divorce, Dissolution and Separation Act 2020, divorce in England and Wales requires only a statement that the marriage has irretrievably broken down. Neither party needs to prove fault. Either party can apply alone, or both can apply jointly. The marriage must have lasted at least 12 months before an application can be made.

The procedural stages are:

Financial Settlement — How Assets Are Divided

There is no automatic formula for dividing assets on divorce. The starting point under English law is equal sharing of matrimonial assets (the family home, savings, investments, and pensions accumulated during the marriage), but the court has wide discretion to depart from equality where fairness requires it. The court applies the factors in section 25 of the Matrimonial Causes Act 1973 when deciding financial remedy cases.

The family home. The most significant asset in most divorces. Options include: sale with proceeds divided, transfer to one party (usually the primary carer of children, with a charge-back to the other party), or a Mesher order deferring sale until the children reach majority. No single approach is right for all cases. The decision depends on each party’s housing needs, mortgage capacity, and the overall asset picture. The immediate question of who moves out of the family home is dealt with on its own page.

Pensions. Often the largest asset after the family home, and frequently the most overlooked in settlements reached without legal advice. Options include pension sharing (the pension fund is split), pension offsetting (one party keeps more of another asset in lieu of a pension share), and pension earmarking. The correct approach requires actuarial input in most cases, because values on pension statements do not reflect the correct transfer value for settlement purposes.

Spousal maintenance. Where there is a significant income disparity and one party cannot immediately meet their own financial needs, the court can order ongoing periodical payments. The trend since McFarlane has been toward time-limited maintenance to encourage financial independence, but in long marriages where one party has been out of the workforce for many years, joint lives orders remain common. Spousal maintenance ends automatically on the recipient’s remarriage.

The clean break order. A consent order containing a clean break provision is needed in most financial settlements. Without it, either party can make further financial claims against the other, even years after the divorce is finalised. The clean break severs the financial relationship permanently. It must be approved by the court to be legally binding.

Hidden assets. Full financial disclosure is a legal obligation in divorce proceedings. Where one party suspects the other is concealing assets (offshore accounts, undisclosed business interests, deliberate reduction of income), there are legal mechanisms available: Form E financial disclosure requirements, freezing injunctions, forensic accountancy, and Norwich Pharmacal orders against third parties. Hiding assets in divorce proceedings is a contempt of court.

Children — Arrangements After Divorce

In England and Wales, the law does not use the language of “custody.” It uses Child Arrangement Orders (orders under section 8 of the Children Act 1989), which determine where a child lives and who they spend time with. The overriding principle is the welfare of the child, as set out in the section 1 welfare checklist.

Most parents reach agreement on child arrangements without the need for court proceedings, whether directly, through solicitor negotiation, or through mediation. Court proceedings are a last resort and are preceded by a compulsory Mediation Information and Assessment Meeting (MIAM) in most cases, unless domestic abuse or other urgency applies.

Where court proceedings are necessary, the process runs through: First Hearing Dispute Resolution Appointment (FHDRA), followed (if unresolved) by a CAFCASS welfare report, a further dispute resolution hearing, and if still unresolved a final hearing before a judge. The Family Court has power to make orders about where a child lives, who they spend time with, specific issues (schooling, medical treatment, relocation), and prohibited steps.

We handle child arrangement matters alongside divorce and financial proceedings. Where domestic abuse or safeguarding concerns are relevant, these are addressed through the Part 3A/PD12J process and a separate fact-finding hearing if required.

Domestic Abuse — Non-Molestation Orders and Occupation Orders

Where a marriage has involved domestic abuse (whether physical, emotional, financial, or coercive control), the legal protections available go beyond the divorce process itself. We handle two types of injunctive relief under the Family Law Act 1996:

Non-molestation orders prohibit the respondent from molesting, harassing, threatening, or intimidating the applicant or any relevant child. Breach of a non-molestation order is a criminal offence with a maximum sentence of 5 years’ imprisonment. The order can be obtained on an urgent without-notice basis where there is immediate risk. See our dedicated guide on what a non-molestation order means for a DBS check.

Occupation orders regulate who occupies the family home. Where the victim and perpetrator share a home, an occupation order can require the perpetrator to leave and not return, or restrict their use of specific rooms or areas. They can be granted on a without-notice basis in urgent cases.

Legal Aid is available for victims of domestic abuse seeking injunctive relief, subject to means and evidence requirements. We can advise on Legal Aid eligibility at the initial consultation.

If domestic abuse allegations arise in the context of child arrangements proceedings, the court follows the PD12J protocol (a Practice Direction specifically for cases involving domestic abuse), which determines how and whether allegations are investigated before arrangements are made.

What We Handle

Costs — Honest and Transparent

The court fee for a divorce application is currently £612, with fee remission available for those on qualifying benefits or low income. Our legal fees are separate from the court fee and depend on what you need help with.

Service	Fee
Initial consultation (1 hour)	£360
Uncontested divorce: divorce paperwork only	£750 — £1,200
Consent order preparation: agreed financial settlement	£1,200 — £2,000
Contested financial remedy proceedings	From £3,500, quoted at consultation
Child Arrangement Order application	From £1,800, quoted at consultation
Non-molestation or occupation order	Legal Aid where eligible, otherwise from £1,500

Legal Aid is available for family law matters where the client is financially eligible and the matter meets the merits criteria. Legal Aid is available as a right for victims of domestic abuse seeking protective injunctions. For financial remedy and child arrangement matters, Legal Aid depends on means and merits. We assess eligibility at the initial consultation.

The average cost of a divorce in the UK is cited at around £15,000 for contested proceedings, but that is the figure for multi-day court hearings with senior London counsel. The majority of cases are resolved before trial through negotiation, mediation, or a Financial Dispute Resolution appointment. Our goal is to achieve the best outcome with the least cost. We will always advise honestly on whether settlement is achievable and what trial would cost.

Frequently Asked Questions

How long does a divorce take in England?

The minimum timeline under no-fault divorce is approximately six months: 20 weeks from the application to when you can apply for the conditional order, then a further six weeks before the final order. In practice, most divorces take longer because the financial settlement and child arrangements run in parallel and frequently take longer to resolve. Contested financial remedy proceedings at court can take 12-18 months from start to final hearing.

Does conduct affect the financial settlement?

Rarely and only where it is exceptional and inequitable to disregard. Since White v White, English courts have moved away from conduct-based adjustments in financial settlements. Adultery, in particular, almost never affects the financial outcome. The exception is conduct so extreme (financial misconduct, serious violence, deliberate dissipation of assets) that a court would find it inequitable to ignore. Ordinary relationship breakdown, however painful, does not affect the financial settlement.

Can my spouse refuse to divorce me under no-fault law?

Not in practice. Under the Divorce, Dissolution and Separation Act 2020, a respondent cannot prevent a divorce proceeding if the applicant is determined to proceed. A respondent can challenge jurisdiction, but cannot contest the making of the conditional or final order on the grounds that they do not want to be divorced. This was a deliberate policy choice: the previous law allowed respondents to delay divorce proceedings, sometimes for years.

What is a Form E and do I have to complete one?

Form E is the standard financial disclosure document in divorce financial proceedings. Both parties are required to complete and exchange Form E where financial remedy proceedings are issued. It covers income, assets, liabilities, pensions, businesses, and financial needs. Failure to complete it fully and accurately (or to update it as circumstances change) is a serious breach of the court’s rules and, where assets are deliberately concealed, a contempt of court.

I am a regulated professional — does my divorce affect my registration?

In most cases no. Divorce itself is not a disclosable matter to the GMC, SRA, FCA, or NMC. However, where divorce proceedings involve criminal conduct (domestic abuse charges, contempt of court for non-disclosure, or other matters that produce a criminal record), those do trigger disclosure obligations to professional regulators. Non-molestation order proceedings and domestic abuse-related charges are the areas where divorce and professional regulation intersect most directly. We advise on both.

Do grandparents have legal rights to see their grandchildren after a divorce?

Grandparents do not have automatic legal rights to contact with grandchildren in English law. However, they can apply to the court for leave to apply for a Child Arrangement Order, and the courts routinely grant such applications where there is a pre-existing relationship of importance to the child. See our dedicated guide on grandparents’ rights to see grandchildren.

Can I get Legal Aid for my divorce?

Legal Aid for divorce financial proceedings is means and merits tested, and most middle-income clients do not qualify. Legal Aid is available as a right for domestic abuse victims seeking non-molestation or occupation orders, provided there is evidence of abuse and the client is financially eligible. Use our Legal Aid calculator for an initial eligibility assessment.

Further Reading

• Contested Divorce: What It Means and What to Expect
• How Do I Get a Divorce? Step by Step Guide
• What Is a Non-Working Spouse Entitled to in a Divorce?
• Can My Wife Take My Inheritance in a Divorce?
• My Husband Is Hiding Money in Divorce: What Can I Do?
• Does a Non-Molestation Order Show on a DBS Check?
• Do Grandparents Have the Right to See Their Grandchildren?
• Child Arrangement Cases: Court Procedures Explained
• Dropping Charges in Domestic Violence Cases
• Legal Aid Eligibility Calculator

External Resources

• Divorce, Dissolution and Separation Act 2020
• Matrimonial Causes Act 1973
• Children Act 1989
• Family Law Act 1996
• Apply for a Divorce (GOV.UK)
• Help with Court Fees (fee remission), GOV.UK

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Written and approved by Shella Makwana, Principal Solicitor | 25+ years’ experience | SRA Regulated (No: 651072) | Makwana Solicitors Limited, Devonshire House, 582 Honeypot Lane, Stanmore, HA7 1JS | Page last updated June 2026