Family Law Solicitors & Divorce Lawyers Derby, Derbyshire

You are not legally required to use a solicitor to get divorced in England and Wales. Some people handle the divorce process themselves, particularly when it is straightforward, and there are no financial or child-related issues to resolve.

Legal advice is often helpful where decisions need to be made about money, property, or children, as these can have lasting consequences. 

Our divorce solicitors in Derby regularly advise people who want to understand the implications of any agreement before it is finalised.

In England and Wales, divorce now follows a no-fault process. One or both spouses apply online and confirm that the marriage has irretrievably broken down. Once the application is issued, there is a mandatory 20-week waiting period.
After this, a conditional order can be applied for, followed by a final order six weeks later, which legally ends the marriage. These stages and timeframes are fixed. Financial matters and arrangements for children are dealt with separately and may continue after the divorce itself is complete.

No. There is no automatic rule that finances are divided equally in a divorce. Rather than starting from a 50/50 position, the court looks at what is fair in the circumstances, with particular attention to needs.
This includes housing requirements, income, future earning potential, pensions, and the care of any children. While outcomes can vary, the court must apply these factors.
This is why the common assumption that assets are split 50/50 in divorce does not reflect how decisions are actually made.

There is no single outcome for the family home on divorce. In practice, the property is usually sold, transferred to one person, or retained for a period before sale, often where children live.
The court focuses on housing needs and affordability rather than ownership alone. While arrangements differ between families, the range of options is limited.
Understanding how property is treated in divorce can help people form realistic expectations early on.

Decisions about children are based on their welfare. There is no automatic preference for one parent- instead, the court considers factors such as:

• Stability
• Schooling
• Emotional needs
• Each parent’s involvement in day-to-day care

Parents are encouraged to agree arrangements themselves where possible, but any agreement must support the child’s best interests. Where difficulties arise, it is often ongoing conflict rather than separation itself that causes concern.
This is why the court takes the impact of conflict on kids during separation and divorce seriously.

Yes. Most cases are resolved out of court, but if a hearing is required you will attend Derby Combined Court at The Court House on Morledge. Our solicitors will ensure you are fully prepared and supported throughout the process.

Derby Combined Court is located at The Court House on Morledge in Derby city centre, close to Derbion shopping centre, Derby Theatre and the Cathedral Quarter. It is around a 15-minute walk from Derby Station via Railway Terrace towards the city centre and Morledge.

From our Derby office at The Old Post Office on Victoria Street (CR9 2ER), the court is within walking distance towards Morledge and Derbion. Nearby cafés include Starbucks in Derbion, Costa Coffee on East Street and independent favourite BEAR on Irongate if you arrive early.

If driving, parking is available at Derbion Car Park, Bold Lane Car Park and Chapel Street Car Park.

Wherever possible, our standard approach is to listen to you and support you while you try to settle family-related disputes outside of court. If legal action is required, we have the knowledge and experience to achieve the right result. However, owing to the added time, stress, and money that normally accompany litigation, it is frequently preferable for everyone concerned to settle out of court. But most crucially, keeping out of court is better for the family members who are most susceptible to rifts and dissolution. Divorce can have a lasting impact on children, even decades later. In divorce and separation cases, particularly in the eyes of a Family Court Judge, the wellbeing of the children comes first.

The firm offers arbitration, mediation, and collaborative law as alternatives to litigation.

Should the parties’ negotiations fail, our divorce lawyers are skilled litigators.

You may be concerned about the amount of the marital pot because you believe your partner is concealing assets. A 28% capital gains tax on the family home, a property, a business portfolio, or other assets may simply be something you wish to avoid.

Whatever your circumstance, you will have access to our in-house accounting team as part of our divorce service. With their extensive knowledge of tax, property, valuations, business assets, shares, trusts and funds, accounts, and pensions, they will make sure you have a clear picture of the finances and assets from the start. This is essential to getting a fair settlement as well.

If divorcing out of court it is possible to go from submitting the divorce application to decree absolute in 4-6 months. This does not include cases where: i) one party disagrees to the divorce – which makes it a contested divorce and ii) where there are disagreements over children and finances

Going to court will slow the process.

The average divorce takes about 12 months.

It is impossible to give a more exact estimate without first understanding the specifics of a divorce matter.

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