TRW & Co · Tax, Private Wealth & Family
Divorce Solicitors in London
Divorce solicitors London clients instruct guide them through two processes: the no-fault divorce that ends the marriage, and the financial settlement that divides property, pensions and income. The divorce itself is now largely administrative, but the financial outcome still turns on the court's discretion, full disclosure and careful timing, especially where pensions, businesses or overseas assets are involved.
Key pointFinancial claims stay open until a court order dismisses them, and a final divorce order can end pension and inheritance rights. Securing an approved financial order before applying for the final order is often the safer sequence.
At a glance
No-fault since April 2022
Divorce rests on a statement that the marriage has broken down irretrievably, which the other spouse cannot contest, and either spouse or both jointly can apply.
Minimum 26-week timetable
There is a 20-week wait before the conditional order can be sought and a further six weeks before it can be made final.
Needs, sharing, compensation
Courts apply the section 25 factors through three principles, with equal sharing of marital assets the starting point where needs are met.
Claims survive divorce
Financial claims remain open until dismissed by court order, as Wyatt v Vince confirmed when a claim was brought many years after the divorce.
Mediation now expected
Since 29 April 2024 courts must consider non-court dispute resolution and can impose costs on parties who unreasonably refuse to engage.
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What divorce involves in England and Wales
Divorce solicitors London clients instruct deal with two separate legal processes that run side by side. The first ends the marriage. The second, usually far more important, decides how money, property and pensions are divided and whether one spouse will pay maintenance to the other. Arrangements for children are dealt with alongside, under different legislation.
Since 6 April 2022 divorce in England and Wales has been "no-fault". Neither spouse needs to prove adultery, behaviour or separation; a statement that the marriage has broken down irretrievably is enough, and it cannot be contested. That change removed much of the conflict from the divorce itself, but it did nothing to simplify the financial settlement, where the court still exercises a wide discretion.
For many couples the legal questions arrive together: who leaves the family home, how bills are paid in the meantime, whether a business or pension will be split, and whether an earlier prenuptial agreement holds. Experienced divorce solicitors London-based help clients take those decisions in the right order.
The legal framework for divorce and finances
Divorce is governed by the Matrimonial Causes Act 1973 as amended by the Divorce, Dissolution and Separation Act 2020. Civil partners follow equivalent rules under the Civil Partnership Act 2004. To divorce here you must have been married for more than a year, and the marriage must be legally recognised in the UK. The English court must also have jurisdiction, which depends on the spouses' habitual residence or domicile under the Domicile and Matrimonial Proceedings Act 1973.
The financial powers are in Part II of the 1973 Act: lump sums, property adjustment, periodical payments (maintenance), pension sharing and pension attachment. In deciding what is fair, the court must consider the factors in section 25, giving first consideration to the welfare of any child of the family under 18. It must also consider whether a clean break is possible.
The House of Lords and Supreme Court have shaped how those factors are applied. White v White [2000] UKHL 54 introduced the "yardstick of equality". Miller v Miller; McFarlane v McFarlane [2006] UKHL 24 identified needs, sharing and compensation as the three principles. Radmacher v Granatino [2010] UKSC 42 set the approach to nuptial agreements. Cases are heard in the Family Court, with London's financial remedies court handling many of the capital's money claims.
Scotland and Northern Ireland
Scotland has its own divorce grounds and a different financial regime under the Family Law (Scotland) Act 1985, which generally shares only "matrimonial property" acquired during the marriage and limits ongoing maintenance. Northern Ireland has separate legislation and courts. Where a couple has links to more than one part of the UK, the choice of forum needs early advice.
The no-fault divorce process, step by step
The divorce can be made by one spouse (a sole application) or by both together (a joint application). Most applications are made online through the HMCTS divorce service, and a court fee applies unless the applicant qualifies for help with fees.
- Check eligibility and jurisdiction. Confirm the marriage is over a year old and recognised in the UK, and that the English court has jurisdiction. Where another country could also hear the case, decide quickly where to issue.
- Issue the application. The applicant states that the marriage has broken down irretrievably. In a sole application the other spouse is served and asked to acknowledge it; they cannot defend the divorce except on narrow grounds such as jurisdiction or validity of the marriage.
- Wait 20 weeks. The law builds in a minimum period of 20 weeks from the start of proceedings before the applicant can confirm they wish to continue. This "period of reflection" is a good time to exchange financial disclosure and explore settlement.
- Obtain the conditional order. The court considers the application and, if satisfied, makes a conditional order, previously called a decree nisi.
- Agree or decide the finances. A financial consent order can be approved once the conditional order is made. If agreement is not possible, either spouse can start financial remedy proceedings.
- Apply for the final order. The conditional order cannot be made final until six weeks have passed. Where pensions or other marriage-dependent rights are significant, it is often wise to wait until the financial order is approved before applying.
Our guide to getting a divorce in England explains each stage in more detail.
How financial settlements are decided
Divorce solicitors London clients consult spend most of their time on finances. The court's task is to reach a fair outcome by applying the section 25 factors, interpreted through three principles.
| Principle | What it means | Where it bites |
|---|---|---|
| Needs | Each spouse's housing and income needs, assessed generously by reference to the standard of living during the marriage | Most cases; where assets are limited, needs usually decide the outcome |
| Sharing | Assets built up during the marriage are generally shared equally, whoever earned them | Cases where assets exceed both parties' needs |
| Compensation | Rarely, extra provision for a spouse who gave up a high-earning career for the family | Exceptional cases with clear evidence of relationship-generated disadvantage |
Matrimonial and non-matrimonial property
Assets brought into the marriage, inherited or received as gifts may be treated as non-matrimonial and excluded from equal sharing, but only if they have been kept separate. Where an inheritance was used to buy the family home, it is likely to be treated as shared. Even non-matrimonial assets can be used to meet the other spouse's needs.
Pensions
Pensions are often the second-largest asset after the home and can be the largest. The court can make a pension sharing order transferring a percentage of one spouse's pension to the other, a pension attachment order, or offset pension value against other assets. Comparing defined benefit and defined contribution pensions requires care, and a pension on divorce expert report is often needed. Our guide to pensions on divorce explains the options.
Businesses and complex assets
Where one spouse owns a business, the court must value it, decide whether the value is matrimonial and consider whether it can realistically be extracted without damaging the company. Valuations of private companies are uncertain, and courts are cautious about treating paper value like cash. Our corporate solicitors can advise on share transfers or restructuring needed to implement a settlement.
Maintenance and the clean break
The court must consider whether a clean break is possible, ending financial obligations between spouses. Where one spouse cannot become self-sufficient straight away, periodical payments may be ordered for a fixed term or, less often, on a joint lives basis. Child maintenance is usually assessed by the Child Maintenance Service rather than the court.
Our guide to financial settlements on divorce sets out worked examples of how these principles operate.
Interim support while the case runs
Separation often leaves one spouse without access to income or funds for legal advice. The court can order maintenance pending suit to cover reasonable living costs until the final order, and a legal services payment order requiring the wealthier spouse to fund the other's legal costs where they cannot otherwise obtain representation. Divorce solicitors London clients instruct will consider these applications early, because a spouse who cannot fund the case is under pressure to accept an unfair settlement.
Reform on the horizon
The law on financial remedies is largely judge-made, and critics say outcomes are hard to predict. The Law Commission has published a scoping report setting out options for reform, and the government's 2026 consultation on cohabitation also sought views on qualifying nuptial agreements that couples could rely on to settle finances in advance. None of these proposals is yet law, so divorce solicitors London-based continue to advise on the current principles while watching for change.
Financial remedy proceedings and settlement routes
Since 29 April 2024 the Family Procedure Rules have placed greater emphasis on non-court dispute resolution. Before applying to court, a spouse must normally attend a mediation information and assessment meeting, and the court can adjourn proceedings and make costs orders if a party unreasonably refuses to engage.
Negotiated consent order
After exchanging full financial disclosure, the parties agree terms and submit a draft consent order with a statement of information. A judge checks that the order is broadly fair before approving it.
Mediation and private FDR
A mediator helps the parties reach agreement, or a private financial dispute resolution hearing gives an early neutral view from an experienced practitioner, often leading to settlement on the day.
Arbitration
Family arbitration produces a binding award, usually converted into a court order. It offers privacy, a chosen decision-maker and control over timing, which suits complex or high-value cases.
Court proceedings
Proceedings start with Form A. Each party files a Form E financial statement, followed by a first directions appointment, a court-led FDR and, if needed, a final hearing. Most cases settle before the final hearing.
A divorce without a financial order leaves claims open. Years later, an increase in one spouse's wealth can bring the other back to court.
Documents and evidence for a financial settlement
Full and frank disclosure is a legal duty, and failure to disclose can lead to a settlement being set aside. Divorce solicitors London clients instruct will help gather:
- Twelve months of statements for every bank, savings and credit card account.
- Payslips, P60s and recent tax returns, plus evidence of bonuses, share options and benefits.
- Property valuations, mortgage statements and redemption figures.
- Cash equivalent values for every pension, including any overseas schemes.
- Two years of business accounts and evidence of any loans, dividends and director's loan accounts.
- Details of trusts, inheritances and assets brought into the marriage, with evidence of source.
- Any pre- or post-nuptial agreement and the advice and disclosure given at the time.
- Budgets showing realistic income and housing needs for each party and the children.
Start gathering financial documents as soon as separation looks likely, and keep copies of jointly held records. Do not move or spend significant sums without advice; transactions designed to defeat a claim can be set aside, and the court can draw adverse inferences from gaps in disclosure.
Risks and common mistakes in divorce
Divorcing without a financial order
Financial claims between spouses remain open until a court dismisses them. In Wyatt v Vince [2015] UKSC 14 the Supreme Court allowed a former wife to pursue a claim many years after the divorce. An informal agreement, however detailed, does not close claims. A consent order containing a clean break, where appropriate, is the only reliable way to achieve finality. Remarrying before a financial application is made can also bar some claims by the spouse who remarries, so order and timing matter.
Applying for the final order too soon
A final order ends the marriage and with it rights that depend on being a spouse, such as widow's or widower's pension benefits and entitlement under the intestacy rules. If the other spouse died between the final order and the financial order, those benefits could be lost. Where pensions are significant, it is common to delay the final order until the financial order is approved. Pension sharing orders cannot take effect before the final order in any event.
Underestimating pensions
A cash equivalent value can understate or overstate what a pension is really worth, particularly a defined benefit or public sector scheme. Treating a pound in a pension as equal to a pound in cash can produce an unfair result. A specialist pension report may be needed to equalise income in retirement. Sharing orders also take time to implement, and schemes may charge for doing so.
Hiding assets or incomplete disclosure
Concealing assets or income is a serious mistake. The court can infer that undisclosed resources exist and make an order on that basis, impose costs and, where non-disclosure comes to light later, set aside the settlement. In serious cases there may be contempt proceedings. Overseas assets and cryptoassets should be disclosed in the same way as UK assets.
Leaving international issues too late
Where another country could hear the divorce, the first to issue can gain an advantage, because the outcome may differ significantly between jurisdictions. Delay can mean losing the chance to have the case heard in England, or facing a foreign order that is difficult to vary. Early advice on forum, and on whether a foreign order can be enforced here and abroad, is essential.
International divorce: Bangladesh, the Gulf, the EU and Asia
Many London couples have links to other countries through nationality, homes, family businesses or pensions. Since Brexit, the EU rules on competing divorce proceedings no longer apply in the UK, and English courts decide which forum is appropriate. England is often perceived as generous to the financially weaker spouse, so choosing where to issue can change the outcome. Our guide to international divorce covers the strategic choices.
For British Bangladeshi couples, the first questions are often whether a marriage in Bangladesh is valid here and whether a talaq has legal effect. A divorce obtained within the British Isles is effective only if granted by a civil court, so a talaq pronounced in the UK is not recognised. A divorce obtained in Bangladesh may be recognised under Part II of the Family Law Act 1986 if the statutory conditions are met. See our UK–Bangladesh family page and guide to whether a Bangladeshi marriage is valid in the UK.
Even where a foreign divorce is recognised, Part III of the Matrimonial and Family Proceedings Act 1984 allows the English court, with permission, to make a financial order where the foreign settlement was inadequate and there is a sufficient connection with England, as in Agbaje v Akinnoye-Agbaje [2010] UKSC 13. Implementing an English order against property in Bangladesh, the Gulf, Singapore or China may require separate local proceedings. TRW & Co's offices in Bangladesh, Dubai and Singapore help coordinate with local lawyers.
How TRW & Co's divorce solicitors London team helps
TRW & Co's London office is authorised and regulated by the Solicitors Regulation Authority. We act for individuals at every stage, from early planning to implementing a final order. Where advocacy in the higher courts is required, we instruct specialist counsel.
Divorce and dissolution
We advise on jurisdiction and timing, prepare sole and joint applications, and manage the conditional and final order stages so that pension and inheritance rights are protected.
Financial settlements
We manage disclosure, valuations and expert evidence, negotiate settlements, and prepare consent orders, with careful attention to pensions, businesses and assets outside the UK.
Nuptial agreements
We advise on whether an existing prenuptial or postnuptial agreement is likely to be upheld and draft new agreements with our prenuptial agreements team.
Children and related issues
We work with our children law solicitors on arrangements for children and with our family law solicitors on protective orders and cohabitation matters.
After a settlement, update your will and pension nominations. Our wills and estate planning team can help. As divorce solicitors London clients rely on, we explain the realistic range of outcomes but never promise a particular result.
Checklist before starting a divorce
Before you issue, divorce solicitors London-based will want to work through these points with you.
- Has the marriage lasted more than a year, and is it recognised in the UK?
- Could another country hear the divorce, and would it treat you differently?
- Is a sole or joint application more appropriate?
- Do you have a full picture of the assets, pensions, debts and income on both sides?
- Is there a nuptial agreement, and was it made with advice and disclosure?
- How will the household be funded during the process?
- Have you considered mediation, a private FDR or arbitration?
- Should the final order wait until the financial order is approved?
- Do your will, pension nominations and life insurance need changing now?
To speak to us in confidence, contact our London office at info@trw.co or on +880 1779 127165, Holborn Gate, 330 High Holborn, London WC1V 7QH, or explore our practice areas.
Frequently asked questions
01How long does a divorce take in England and Wales?
The legal minimum is around six and a half months: 20 weeks from the start of proceedings before the applicant can apply for the conditional order, and six weeks after the conditional order before the final order. In practice court processing adds time. Financial settlements often take longer, particularly where pensions, businesses or overseas assets need valuing or the case goes to court. It is common to delay the final order until the financial order is approved.
02Can my spouse stop the divorce?
Generally no. Since 6 April 2022 the statement that the marriage has broken down irretrievably is treated as conclusive, so a spouse cannot defend the divorce on the basis that the marriage has not broken down. The only challenges allowed are narrow ones, such as disputing the court's jurisdiction or the validity of the marriage. A spouse who does not respond can delay matters, but the court has procedures to deal with non-cooperation.
03Will assets be split 50/50?
Not automatically. Equal sharing of assets built up during the marriage is the starting point where assets exceed both parties' needs, but in many cases needs, especially housing and income for the spouse caring for children, decide the outcome and may justify an unequal division. Assets brought into the marriage, inherited or gifted may be treated differently if they have been kept separate. The court must consider all the section 25 factors, giving first consideration to the welfare of children.
04Do I need a court order if we agree the finances?
Yes, if you want the agreement to be binding and to close off future claims. Financial claims between spouses remain open until a court dismisses them, even years after the divorce. Once you have agreed terms and exchanged disclosure, a solicitor can draft a consent order for a judge to approve. A clean break order, where appropriate, ends ongoing financial claims against each other's income and capital, including on death.
05How are pensions dealt with on divorce?
Pensions are treated as part of the matrimonial assets. The court can make a pension sharing order, transferring a percentage of one spouse's pension into a pension for the other, a pension attachment order, or offset pension value against other assets such as the home. Because cash equivalent values can be misleading, particularly for defined benefit schemes, a specialist pension report is often needed. A pension sharing order only takes effect after the final divorce order.
06Is a prenuptial agreement binding in a divorce?
It is not automatically binding, but the court will usually give it effect if both parties entered into it freely with a full understanding of its implications, unless it would be unfair to hold them to it. This approach comes from Radmacher v Granatino. Agreements made with independent legal advice, full financial disclosure and well before the wedding carry the most weight, and the needs of both parties and any children will still be considered.
07Can I divorce in England if we married in Bangladesh?
Usually yes, provided the marriage is legally recognised in the UK, has lasted more than a year, and the English court has jurisdiction based on habitual residence or domicile. A marriage validly celebrated in Bangladesh is generally recognised here. Where a divorce or talaq has already been obtained in Bangladesh, the question is whether it is recognised under the Family Law Act 1986, and whether a financial claim can still be brought in England under Part III of the 1984 Act.
Sources and official materials
- Get a divorce — HMCTS guidance on the divorce process
- Money and property when a relationship ends — Consent orders and financial orders
- Matrimonial Causes Act 1973, section 25 — Factors the court considers
- Divorce, Dissolution and Separation Act 2020 — No-fault divorce reforms
- Radmacher v Granatino [2010] UKSC 42 — Weight given to nuptial agreements
- Wyatt v Vince [2015] UKSC 14 — Financial claims long after divorce
- Matrimonial and Family Proceedings Act 1984, Part III — Financial relief after an overseas divorce
General information only, current as at 21 October 2026. It is not legal advice and does not create a solicitor–client relationship. It reflects the law of England and Wales unless stated otherwise; Scotland and Northern Ireland have separate legal systems, and the law changes frequently. Check current official sources and take advice on the facts of your matter.