Family law solicitors & divorce lawyers Malton

Family matters such as child custody, separation and child maintenance can be very serious and the approach and decision you take may impact your life for years to come. With that in mind, taking the first step and asking for legal assistance can often be the hardest part of your journey.

The first time you meet your dedicated divorce lawyer, the focus will be on understanding you and your situation including: family structure, separation circumstances, finances and desired outcomes. You will then be advised on the legal processes, routes and options available to help you achieve the outcome that’s best for you and your family.

Apart from giving you direction, it’s our commitment to you that you’ll feel informed and understand all of the options available to you. If at any point during the process you have questions, the team are on-hand to assist.

Your first appointment with Stowe Family Law also presents an opportunity for you to decide if you want to entrust your case to us and the divorce solicitor giving you that initial advice.

The person initiating the divorce submits a divorce application to the court and is thereafter known as the Applicant. If your ex-partner has already done that, then you will be referred to as the Respondent. The divorce process requires different actions of Applicants and Respondents at different times, and there are strategic implications for both, especially if one of you lives overseas.

In England & Wales, for straightforward divorce cases, the process can take between 6 – 8 months. On average, the whole process takes approximately one year. Longer than 12 months is common for cases where there are drawn out disagreements on child and financial matters. It is impossible to predict exactly how long a divorce will take, though a good a divorce lawyer will help give you an educated estimate.

The cost of a divorce includes the court fee (currently £593) and the costs of the solicitors who assist the parties with the divorce process if they are instructed.

The person applying for the divorce (the applicant) will be responsible for covering the court fee. If the application is a joint one, applicant 1 will pay the court fee. 

It is important to note that costs relating to the divorce are different from those incurred in negotiating a financial settlement and/or child arrangements.

Child arrangements depend largely on what the family decides, the suitability of each parent, the child’s wishes and where applicable, the ruling of a family court Judge. Resulting arrangements can include sole custody, where one parent is the sole caretaker of the child, joint custody and third-party custody where a third party such as a grandparent becomes responsible for the child’s welfare.

As a starting point in a divorce, assets are split 50:50.  As the family home is often the largest asset in the matrimonial pot, then it is common for it to be split between the parties. If a family has other assets, then the house could be given to one party and the other assets to the other.  Children are another factor that affects financial arrangements during a divorce. To answer this question accurately, a comprehensive understanding will be required of your family finances.

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