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Basic principles

There are four basic principles of divorce in England: jurisdiction, finances, children and contact, and, as a result of Ayesha Vardags ground-breaking work on the landmark Supreme Court case, Radmacher v Granatino, prenuptial agreements.

English jurisdiction


London is often called the “divorce capital of the world” and has earned a reputation for large payouts to the financially weaker parties. Though this reputation is a simplification of what happens, it is true that for many people, London will be a far more...

Sham Marriage


A sham marriage is one where two people have entered into the marriage and are not in a genuine relationship but have married for financial or other gain. The lack of genuine relationship means that the couple does not have a proper relationship or dependency on one another...

Finances


When the court decides how to divide the finances, it will look at all the circumstances of your case. The court will generally share everything earned during the marriage equally between the parties. The court may depart from this starting point if, for example, one of...

What are Prenuptial agreements?


What is a prenuptial agreement? Following Vardags’ victory in the landmark Supreme Court case of Radmacher v Granatino in 2010, prenuptial agreements have been increasingly adopted in English law. Though not absolutely binding, the court will seek to apply a...

Children and contact


The court recognizes that, generally, both parents should play a full role in children’s lives. When deciding with whom a child shall live and how much time they spend with the other parent, the primary concern will be the welfare of the child. Younger children will...

Divorce based on Two Years’ Separation


Please note that the following guide only applies to divorces started before 4pm on 5th April 2022. For divorces after this date, no fault divorce now applies. If your marriage has ended, then it is possible to apply for divorce so long as one of the following five grounds...

Can I get divorced in the UK as an expat?


With the increasing mobility afforded by technology and flexible working, more and more people are making the move towards living and working abroad as an expat. Where a couple with international ties decides to separate, this can raise various issues relating to the...

Do I have to pay my partner's legal fees if we get divorced?


Divorce is one of the most stressful and potentially expensive times in a person’s life. Whilst financial remedy proceedings often result in assets being divided between spouses at the conclusion of a case, what if at the outset one party boasts significantly more...

What is spousal maintenace (alimony) in divorce


Whist not applicable to all cases, an important financial consideration following divorce is whether payment of spousal maintenance is necessary, and the appropriate level and ‘term’ (i.e. length) of those payments.  Spousal maintenance will usually only...

Child maintenance (support)


Child maintenance relates to regular payments made by a non-resident parent to the individual or parent with care of the child to meet their day-to-day living expenses following relationship breakdown. How IS CHILD MAINTENANCE calculated? Clients will often wonder...

No Fault Divorce


Divorce law underwent a major change on 6th April 2022, with the introduction of no-fault divorces under the Divorce, Dissolution and Separation Act, the first major change to the system in 50 years. This was announced in September 2019 by the Justice Secretary and has been...

Divorce based on Five Years’ Separation


Please note that the following guide only applies to divorces started before 4pm on 5th April 2022. For divorces after this date, no fault divorce now applies. A couple is allowed to divorce once they have been married for at least a year and it can be shown that the...

Desertion as a Ground for Divorce


Please note that the following guide only applies to divorces started before 4pm on 5th April 2022. For divorces after this date, no fault divorce now applies. Under the law in England and Wales, there is only one basis for divorce and this is the irretrievable breakdown...

Stopping a Divorce


Please note that the following guide only applies to divorces started before 4pm on 5th April 2022. For divorces after this date, no fault divorce now applies. Clients going through a divorce sometimes query whether divorce proceedings can be stopped once they have...

Using the Courts or Mediation for Divorce


It is widely recognised that an amicable divorce process which allows the parties to come to an agreement outside of the court system is better for all involved. It is usually more cost effective and quicker and generally stops issues from escalating. No fault divorce will...

How to change back to your Maiden Name Post-Divorce 


When a couple gets divorced, it can be assumed that the married name will automatically revert to the maiden name once the process has been finalised. However, this is not the case and there are set processes in place that have to be...

Can I defend myself against allegations of unreasonable behaviour? 


Please note that the following guide only applies to divorces started before 4pm on 5th April 2022. For divorces after this date, no fault divorce now applies. Where one spouse has made an allegation of unreasonable behaviour as their ground for divorce and the other...

Dating and Divorce


A fairly major change for a person who has made the decision to divorce their spouse is the fact that they can start dating other people. The divorce process can be stressful and trying for those involved and any other changes can further impact your life. It is therefore...

The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.

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