"Legal bits" posts

Navigating divorce with multiple properties

When couples get divorced, it's common for them to own more than one property, either individually or together. When this happens, they often wonder what will happen to those properties.

Buying out a partner in a divorce or separation

Divorce can be one of the most challenging times in a person's life, both emotionally and financially. Among the many decisions you'll need to make is what to do with the family home. If you're considering buying out your partner, this guide will walk you through the process, step-by-step, to help you make informed decisions and confidently navigate the complexities.

Navigating ‘Co-parenting New Year’ 2024

With the children returning to school, it's a perfect time for a fresh start. At amicable, we call it the Co-parenting New Year. Whether you're newly separated or a seasoned co-parent, September offers a chance to set new resolutions for a successful year ahead.

Ending a cohabitation relationship

Around 22% of couples who live together aren’t married or in a civil partnership. Many people think they automatically gain rights to their partner's property and belongings if they live together for a long time. However, in reality, if they break up or if one partner dies, couples who aren't married or in a civil partnership don’t have the same rights or protections as married couples unless they have legal arrangements like a will.

Navigating name changes in relationships - The Divorce Podcast

In this episode, Kate was joined by the Founder and Managing Director of NameSwitch, Cécile Mazuet-Eller, to discuss navigating name changes in relationships, separation, and divorce.

The two D's - death and divorce with Octopus Legacy

You’ve decided you want to separate from your ex-partner, and you’re going through the divorce process. Alongside divorce there’s another ‘d’ word to consider – what do you want to happen to your assets when you die?

The two Ds – death and divorce - The Divorce Podcast

In this episode, Kate is joined by the founder of Octopus Legacy, Sam Grice to discuss death and divorce.

What is a cohabitation agreement?

A cohabitation agreement (also called a ‘living together agreement’) records arrangements between a couple (or more people if cohabiting) who are living together.

Tradition and challenges of dowries in South Asian culture

The giving of a dowry is a centuries-old tradition. While the origin of the custom is not clear, dowry records date back to around 2300 BC in ancient Babylon...

How legal tech is shaping family law with Richard Susskind - The Divorce Podcast

In this episode, Kate is joined by Professor Richard Susskind OBE KC (Hon) to discuss the future of family law and legal services.

A step-by-step guide to same-sex divorce

Same-sex marriage has been legally recognised in the UK since July 2013. Before this, same-sex couples could enter into a civil partnership rather than a marriage.

amicable & non-court dispute resolution

The Family Court exists for children and family matters and is required to follow the ‘Family Procedure Rules’ (FPR). These rules were updated on the 24th of April with a focus on helping families resolve issues outside of the court.

Do you have to get a consent order for child arrangements?

In this blog, we will discuss the different options available and things some legal topics which might cause confusion (ie. the ‘no-order principle’).

A Child’s Right to Matter - The Divorce Podcast

In this episode, Kate is joined by clinical psychologist, Angharad Rudkin, and solicitor, mediator, and campaigner Helen Adam.

Jeremy Hunt’s Spring Budget 2024 has been announced today

In this blog, we look at the Budget's impact on divorce, separation and dividing money and property as part of a separation.

Grandparents, parental separation and divorce

In this blog, we'll explore some legal basics surrounding grand-parenthood and divorce, and provide tips to help you navigate this.

Divorce rates & statistics in the UK (England & Wales) 2022

In this blog, we summarise the latest divorce/dissolution findings from the 2022 study conducted by the Office for National Statistics (ONS).

Government court fees to increase in 2024

Following government consultations on January 26th and April 2nd, it’s been announced that some court fees are set to rise 10% in 2024.

Family mediation: what you need to know

What is family mediation? Family mediation is an alternative form of dispute resolution (ADR) following a relationship breakdown. Read this guide to find out more.

The best bits from The Divorce Podcast

To celebrate this special occasion, we're taking a trip down memory lane and bringing you the absolute best bits from our most impactful and insightful episodes.

Octopus Money and divorce specialists amicable tie the knot

Octopus has acquired amicable, the leader in helping couples separate in a kinder and more affordable way.

Can I draft my own consent order?

The benefits of having your agreement drafted by a neutral drafting service, such as amicable, is that it’s more cost-effective than using separate solicitors, and we won’t pick apart your agreement or create unnecessary conflict.

Divorce, separation and co-parenting resources

Our tools and resources offer guidance and support for navigating this challenging time with compassion and understanding. From co-parenting tips to legal queries and emotional support, we've got you covered.

What is arbitration in divorce?

In such an emotionally challenging time as divorce, exploring alternative dispute resolution methods (amicable, mediation, arbitration, etc.) can provide a more flexible and efficient way to resolve any issues around children or the division of money and property without needing a ‘legal battle’.

Can you divorce without a consent order?

Yes, but there are many reasons why you should consider getting one. In this blog, we’ll explore what a consent order is, why they are a good idea and the best time to get one...

Is 50/50 fair when dividing money and property?

In short, it depends. There's no defined formula for splitting money and property when you separate, and there are many factors that impact whether or not your agreement is 'fair' and in what context.

Is 50/50 fair? Fairness, finances and divorce with Joshua Rozenberg and David Hodson

Kate is joined by Joshua Rozenberg and David Hodson to discuss whether 50/50 is a fair way to divide money and property during a divorce or separation.

How to prepare for a divorce

If you and your partner have decided to separate, the prospect of divorce can feel overwhelming [...]

What is a Separation Agreement and when do you need one?

Divorce can be an emotionally challenging process with significant legal and financial consequences. Knowing when to divide any money, property and other assets/debts, as well as the legal mechanism for doing this, can be confusing [...]

Adjusting to a new lifestyle post-divorce

Is fear holding you back from leaving an unhealthy relationship? You’re not alone. Here are five tips to help you prepare if you’re planning on separating from your partner...

What is financial abuse and how to prevent it from happening during a divorce?

There are more and more conversations taking place around financial abuse, and each year we see greater changes in this area. Slowly, but surely. But do people truly understand the life-changing impact financial abuse has [...]

Why should you budget for your divorce process?

We know that getting divorced is not an easy or cheap process for most. It's an emotional journey with legal and financial consequences. Usually, you're dividing two households in two and having to rehouse yourselves elsewhere, which is an expensive process in itself. We have lots of tips on this in our podcast episode with HyperJar. So if you're looking to save money, choosing the cheapest divorce process is tempting. Below, we look at reasons and situations why you might choose to spend more on professional help for your divorce.

How to talk to your partner about an amicable separation when you’re the initiator

In this blog, we look at tips for keeping things amicable when you’re the initiator of the separation and want to discuss how to start your divorce and move things forward. We’ll detail tips for helping your partner understand the amicable options available to them without feeling pushed into a corner.

Guide to navigating gov.uk when dividing your money and property

Since the introduction of ‘no-fault divorce’ more people than ever are starting their divorce on the government website. It’s simple to kick off a divorce yourself but when it comes to sorting out your money and property things can quickly become baffling, especially as the instructions and the language on gov.uk are unclear, complicated and confusing.

Applied for your conditional order? Here’s the next steps

If you or your spouse have applied to end your ‘legal marriage’ through a no-fault divorce, you’ll be emailed to say you can apply for your conditional order 20 weeks after the application was made and the divorce issued (i.e., the ‘reflection’ period).

Brandon Lewis is appointed as Secretary of State for Justice

We welcome the appointment of Brandon Lewis as Secretary of State for Justice and look forward to working together to continue to reduce the strain on divorcing and separating couples.

What is a clean break order?

When you get married, you become financially tied to your partner. If you divorce your partner, it might surprise you to learn that this doesn’t automatically end your financial relationship with them...

What is a final order in England & Wales?

The ‘final order’ confirms that you are legally divorced (for married couples) or that your civil partnership has been dissolved (for civil partners) under English and Welsh law. This is the last stage of the legal process of divorce which takes a minimum of seven months. The final order...

The rise of couples services in a post 'no-fault' divorce world

The introduction of no-fault divorce in England and Wales in April 2022 is changing how couples approach separation. The perverse necessity to play the blame game is gone. As a result, there has been a striking increase in couples seeking more amicable ways to settle their divorce arrangements. Many separating couples are now turning to services that can help them both together and which are not provided by lawyers at all.

What is a Divorce Specialist?

A Divorce Specialist refers to a professional who can assist you with the legal process of divorce. They can sometimes also help you navigate the emotional process too. At amicable, our experts are Divorce Specialists. They have a variety of backgrounds, primarily in law, although some also have backgrounds in psychology and counselling, as we can help with both the legal and the emotional process of divorce and separation, as well as parenting post-separation.

What is a conditional order in divorce? (England & Wales)

The conditional order confirms that you are entitled to divorce under English law and represents the middle stage of the legal process of divorce. As of the introduction of no-fault divorce in England & Wales on the 6th of April 2022, couples can get divorced without needing to blame each other in the legal process. Divorces aren’t automatic and there are several stages to legally ending your marriage.

No-fault divorce introduced in England & Wales – When was no-fault divorce introduced?

We are thrilled to announce that today, No-fault divorce has been introduced in England and Wales.

No longer need your divorce lawyer?

There are many reasons why you may want to end your legal representation when you are going through a divorce and you may be confused or overwhelmed as to how to go about it. If you are currently being represented by a lawyer, as long as your all paid up for the legal fees you’ve accrued up until the point you decide that you no longer want to be represented, then you have the right to end their representation of you.

Divorce Day 2022 - January 4th or April 6th?

Divorce Day traditionally falls on the first working day of January and is a popular point of discussion in the media.

How to dissolve a civil partnership in England and Wales

A civil partnership is a legal relationship that can be registered between two people of either the opposite sex or the same sex. Traditionally, only members of the same sex were able to enter into a civil partnership, until a change in the law in 2019.

Government increases court fees for divorcing and separating couples in England and Wales

The government has announced that they will be increasing the court fee costs for divorcing and separating couples at the end of the month. This means, separating couples in England and Wales will pay more for applying for the legal paperwork associated with their divorce (unless you are eligible for a discount or exemption).

The complete guide to divorce and pensions

If you have decided to divorce or dissolve your civil partnership, you and your ex need to decide how to separate and if applicable, share your financial assets. The first step is to provide each other with full details of [...]

What is a pension sharing order? – the complete guide

A pension sharing order will require one former spouse’s pension provider to give some, or all, of the funds in that pension plan to their ex (the ‘recipient’). A pension sharing order can be made in respect of a pension either before or after it is in payment. Find out more...

What is the family mediation voucher scheme and who can apply?

Find out what the new mediation voucher scheme is if you're eligible for the £500 mediation voucher and what other alternatives are out there to help with agreeing finances and childcare post-divorce and separation.

amicable wins High Court Judgment allowing couples to divorce without lawyers

A landmark judgment in the High Court validates legal services company amicable’s right to help divorcing couples negotiate financial settlements and create joint legal documents

Divorce rates & statistics in the UK (England & Wales) 2021

The Office for National statistics released new data in 2021 on divorcing couples in 2019. We’ve summarised the main points below and offered some comments too based on what we experienced as a divorce services company.

A simple guide to divorce and wills

If you’re mid-divorce, or post-divorce, you may well feel like you’d rather not see another legal document right now. But when it comes to your last will and testament, there’s no better time to get things sorted. It’s not even that expensive, or difficult. Here’s why.

What happens if a consent order is breached?

A consent order (sometimes called a financial order) will legalise the financial arrangements you have made with your ex when you divorce / end your civil partnership. It’s also the document that will end financial claims against each other in the future. A consent order is a safety net that protects you both so that one person can’t change their mind in the future. The courts will not check up on you to see if you are both upholding what is stated but you can ask the court for help if one person breaks the agreements documented in the consent order.

How to get a consent order online

Ending your marriage or civil partnership is one legal process and ending your financial ties is completely different legal process. The legal process of severing your financial ties is called a consent order or financial order. This blog will explain how to get a consent order online.

What is a decree nisi? A step-by-step guide on how to apply

If you are legally ending your marriage by divorcing or ending your civil partnership through a dissolution in England and Wales, there are four main documents that need to be completed. The ‘decree nisi’ is one of the four main documents involved in the legal process of separating.

What to do when you get divorce papers through the post

If you’ve received divorce papers through the post and you’re not sure what to do next, read this information and advice.

Can you divorce and still own property together? Guide to divorce and house ownership

Divorce and house ownership can seem a little complicated, but it doesn’t need to be. There are a few reasons why, when you divorce joint property ownership may be the best option available...

What is spousal maintenance?

Spousal maintenance is a payment made by either a husband or wife to their former partner when they divorce or dissolve their civil partnership. It is a specific sum of money paid (usually monthly) for a specified period. Spousal maintenance is different to child maintenance and is only paid if one person cannot support themselves after the divorce or dissolution of the civil partnership.

What is a decree absolute? Step-by-step guide

A decree absolute (now called the final order) or Form D36, is the last stage of a divorce, or dissolution (if you have a civil partnership) process. When you receive your final order certificate, it means that you are legally divorced. There are four steps you’ll need to complete in order to get a final order. We have outlined them in this blog...

Ticking the 'financial box' on my divorce application - what does it mean and should I tick yes or no?

This very common question creates a lot of confusion and panic, this blog aims to explain what it means and to help you understand if you should tick it or not. Before we delve into the nitty-gritty, for clarity, we are referring to the 'Do you want to apply for a financial order' question in the divorce/dissolution application (legally known as a D8).

How to divorce without lawyers and solicitors

Many people assume you need a lawyer to divorce - you don't. Here are the pros and cons of doing divorce without lawyers and other ways to divorce.

The top three common law myths you should know about

If you’re cohabiting and things go sour, you should protect yourselves by being aware of these three common myths when it comes to ‘common law’ and your cohabiting rights.

What’s the difference between marriages and civil partnerships?

Looking for the key differences between marriage and entering into a civil partnership?’. We’ve listed some of the top ones in this blog.

Why we need to disrupt the family law sector UK

There’s a genuine problem with the way family law works in this country, and the impact it has on divorcing and separating couples and their families – so why has there been so little disruption? […]

Grounds For Divorce : What are they and do I have them?

In England and Wales, you must be married at least a year and have divorce grounds to legally end your marriage. In this blog, I will explain what that means. You have divorce grounds if your marriage […]

What is no-fault divorce and how does it affect separating couples in England & Wales?

This guide will explain the meaning of ‘no-fault divorce,’ in England and Wales and how to start your divorce process.

Two years separation as the grounds for divorce

Now that no-fault divorce is law in England and Wales, you can no longer use two years separation as the reason for your divorce.

How to use unreasonable behaviour as the grounds for divorce in the UK

If you need to get divorced using ‘unreasonable behaviour’ as the ground for divorce, then this is all you need to know about divorcing under English and Welsh law. Not sure what fact you are […]

Divorce after five years separation: the old ground for divorce

No-fault divorce was introduced in England and Wales on April 6th, 2022 which removes the need to choose a ground or reason to support the 'irretrievable' breakdown of a marriage.

How to use adultery as grounds for divorce in England & Wales

In English and Welsh law adultery can be used as a ‘fact’ for the Grounds for Divorce if you want to prove that your marriage has broken down. There are five facts or reasons to ‘rely’ […]

How to use examples of unreasonable behaviour to divorce your partner

We do not have ‘no-fault divorce’ in England and Wales which means, one person has to divorce the other, turning the process into a blame game. This can cause unnecessary acrimony at times of high […]

What’s the difference between legal separation and divorce?

Many people ask us ‘what’s the difference between separation and divorce?’. Confusingly a legal separation (judicial separation) is different to a Separation Agreement, and both are different to a divorce. […]

Owens v Owens: ‘No-fault’ divorce

You’ve probably seen the coverage regarding Tini Owens in the news recently. This story has sparked debate over the last few years for a number of reasons. If you’d like a better understanding of the […]

Coronavirus (COVID-19) and Your Financial Settlement

If you're negotiating your financial settlement as part of your divorce or separation as well as dealing with Coronavirus (COVID-19), then the anxiety levels can start to feel overwhelming. But don't worry, we are here to help, and have put together some FAQ's and advice to support you.

How amicable's technology offers access to justice for separating couples

In January 2020, the High Court ruled that amicable's LawTech model created to help separating and divorcing couples to separate amicably has a vital role to play in promoting and promulgating access to justice.

No-fault divorce - what you need to know

David Gauke, Secretary of State for Justice and Lord Chancellor confirmed today that divorce laws will change and ‘no-fault divorce’ will be introduced. This is the first change in divorce laws for nearly 50 years

Has the Government's increase in court fees contributed to decreasing divorce rates?

The Telegraph recently released an article stating that divorce rates are at the lowest level in 40 years. The article suggested that this decline may be partly due to the ‘cohabiting revolution’. But I wonder whether […]

Reasons for divorce UK

Not sure what the reasons for divorce are? In England and Wales, there are five reasons you can use to get a divorce. Here is a quick run down of all of the reasons along […]

Using unreasonable behavior as the reason for divorce? Write a statement that will allow you to remain amicable

Are you using ‘unreasonable behaviour’ as the reason to divorce? This blog will give you some information and tips that’ll help you to remain amicable with your ex. However, before we jump in, it’s worth […]

Divorce law reform is finally on the horizon

Divorce laws in England and Wales have been due a review for some time now. It’s been a staggering 50 years since the last review, and in the words of David Gauke, “the ‘blame game’ […]