What Are The Different Types Of Divorce?

What Are The Different Types Of Divorce?

Coming to the decision to end a marriage is never easy, and navigating the legal complexities of divorce can unfortunately only add to the stress of what is already a challenging situation. However, it is important to take the time to understand what your options are in divorce so that the approach you ultimately choose positively impacts the process, duration, and outcome of your separation. Note: Divorce laws vary by country and region, so the below article focuses on UK law and what you can expect if you are getting divorced under this jurisdiction.

What Is A No-Fault Divorce?

Previously, UK legislation required couples to explain why their marriage had broken down, forcing them to prove one of five ‘facts’:

  • Adultery: When one spouse has had sexual relations outside of the marriage.
  • Unreasonable Behaviour: This could include harmful behaviours, like neglect, substance abuse, or even emotional or physical abuse, that made staying in the relationship unbearable.
  • Desertion: When one spouse has abandoned the other for at least two continuous years without agreement or a valid reason.
  • Two Year’s Separation (With Consent): Couples who have lived apart for two years can divorce if both parties agree.
  • Five Year’s Separation (Without Consent): If the spouses have been separated for five years, one party can file for divorce even if the other does not consent.

However, in April 2022, the new ‘No Fault Divorce’ legislation came into effect in the UK which removed the need for one spouse to blame the other for the breakdown of their marriage by way of one of the grounds above.

Irretrievable breakdown (of the marriage), can now simply be proved by a simple statement from either spouse. This legislation simplifies the divorce process considerably by avoiding the potentially lengthy litigation involved in one party having to prove to the courts that their cited ground for divorce is valid. It also minimises unnecessary stress and conflict between spouses by focusing on the fact that the relationship simply cannot be salvaged, without assigning any blame for this.

Contested and Uncontested Divorce

Whilst the actual divorce process can no longer be contested by under the new no-fault divorce rules, spouses will still need to make arrangements for any children of the marriage and decide what they are going to do about the matrimonial finances.

 The children and financial arrangements can then either be contested (both spouses cannot agree on key issues such as child custody, division of property, or spousal/child maintenance) or uncontested (both spouses agree on the terms of their divorce without the need for the court to intervene).  

In the case of the former, the process can become significantly more complex and often requires court intervention to resolve any disputes over ‘who gets what’. Each spouse will typically hire a family law solicitor to represent them in proceedings, and if initial negotiations are unsuccessful, the case may then go to trial where a judge makes the final decision on any contested points. Contested divorces are often lengthy, expensive, highly stressful ,and confrontational, as the process can involve multiple court hearings which require the presentation of evidence and personal information to settle any disagreements.

In contrast, the latter option of uncontested divorce is generally quicker and less costly as spouses avoid the need to pay for any solicitors or court fees by opting for amicable negotiations instead. In such cases, it is common for couples to draft a separation agreement or a divorce judgment outlining their terms of separation, including property division and child arrangements. Note: Even if you are able to pursue this route with your spouse, it is still important to seek legal advice so you can ensure that both parties’ rights are protected, and that the settlement is fair.

Mediation

Another option that divorcing couples can explore is mediation, which involves both spouses working with a neutral third-party mediator to negotiate the terms of their divorce. In these sessions, the mediator helps facilitate productive discussions that allow them to find compromises on any points they are struggling to agree on, without making any decisions for the couple. Mediation is an effective option for many as it can often prevent a case from going to court over minor disagreements, thus making the entire process less adversarial and more cost-effective overall.

The importance of minimizing hostility and conflict between separating partners is something that we at Grayfords strongly believe in. If you are considering divorce, our team of family law solicitors can help guide you through each step of the process with effective legal strategies to fight for you and your family’s best interests, while also providing emotional support alongside our consultants who specialise in mediation, private client law, and therapy. Don’t hesitate to contact us today on 020 7100 6100 and book in your free initial consultation to find out more about how we can help.

Scroll to Top

Success

Your submission was successful.

Regular Catch-up Strategies


At Grayfords, we understand the importance of developing effective strategies to achieve the desired outcomes for our clients in family law and private client law matters. That's why we prioritise regular catch-up strategies to ensure that your case is handled efficiently and aligned with your goals. 

As experienced family and private client lawyers, and strategy experts, we recognise that every case is unique and requires a tailored approach. Through regular catch-up sessions, we engage in open and collaborative discussions with our clients to gain a thorough understanding of their objectives, concerns, and preferences. These ‘catch-ups’ allow us to assess the progress of your case, identify any evolving needs or challenges, and adjust our strategies accordingly. We are also then able to put in place any personal support our clients may need should they wish to avail themselves of our coaching and therapy & mental health services at any point during their legal matter.

By maintaining regular communication, we can provide you with updates on the status of your case, share important information, and address any questions or concerns you may have. This proactive approach ensures that you are actively involved in the decision-making process and empowers you to make informed choices throughout the legal proceedings. 

Our aim is to ensure that your case is being handled in the most efficient and effective way possible. Through our regular catch-up strategies, we can evaluate the success of our current strategies, make necessary adjustments, and optimise our approach to maximise the chances of achieving a favourable outcome for you. 

At Grayfords, we value your input and understand that your goals are essential to the success of your case. Our commitment to regular catch-up strategies reflects our dedication to providing personalised and client-centered legal services. By working together, we can create a strong partnership and develop strategies that align with your vision and aspirations. 

Strategic Partnerships​


At Grayfords, we believe in the power of strategic partnerships to enhance the quality and efficiency of our legal services. We understand that legal matters often require expertise in various specialised areas, and that's why we have established strong relationships with trusted and renowned specialists in both family law, private client law, and therapy and mental health support.

Our strategic partnerships enable us to provide a streamlined and comprehensive legal service to our clients. When your case requires consultation or assistance in specific areas of the law, we have the resources and connections to quickly and efficiently engage the right experts. 

Whether it's a complex family law issue or a multifaceted private client law matter, our network of trusted specialists allows us to draw upon their knowledge and experience to provide the best possible advice and representation for our clients. These partnerships ensure that we can offer comprehensive solutions that address all aspects of your case, providing you with a holistic approach to your legal (and personal) needs. 

By collaborating with specialists in various legal fields, we can navigate intricate legal challenges more effectively, saving you time, effort, and potential complications. Our commitment to strategic partnerships means that we stay informed about the latest developments in family law and private client law, ensuring that our advice and strategies are up-to-date and relevant. 

At Grayfords, we value the importance of offering a well-rounded legal service to our clients. Our strategic partnerships enable us to tap into a wealth of expertise and resources, ultimately enhancing the quality and effectiveness of our services. You can trust that we have the necessary connections to consult with specialists whenever needed, ensuring that every aspect of your case is addressed with proficiency and efficiency while also supporting you on a personal level as needed.

Time for you


At Grayfords, we understand the value of time, and we prioritise our clients by ensuring that they receive the attention and support they need throughout their legal journey. Unlike other family law and firms, we never claim to be too busy for our clients. We believe that effective communication is essential, and our team is always accessible and responsive to your needs.

Whether you have a question, or concern, or need an update on your case, our dedicated team of family law and private client law experts will be readily available to assist you. We go the extra mile to ensure that you can reach us conveniently and promptly. You can count on us to answer your calls or reply to your messages on platforms like WhatsApp, enabling efficient and effective communication.

Our commitment to internal collaboration and dynamism ensures that there is always someone available to address your family law or private client law case. We understand that legal matters can be time-sensitive, and we strive to provide timely and accurate advice. You can rely on our team's collective knowledge and expertise to guide you through the complexities of family law and private client law.

At Grayfords, we recognise that your time is valuable, and we respect that by being responsive, accessible, and dedicated to your case. We prioritise open and transparent communication, keeping you informed and involved every step of the way. You can trust that we will dedicate the necessary time and attention to your legal matters, ensuring that you feel supported and well taken care of.

Specialised Service


At Grayfords, we offer a specialised range of services across both family law and private client law, tailored to meet the unique needs of our clients. With a focus on honesty, empathy, and pragmatism, we provide reliable legal advice that is designed to help our clients achieve success in their legal matters. 

In the realm of family law, we understand the emotional challenges that can arise during sensitive family disputes. Our team of experienced family law solicitors provides compassionate support and guidance throughout the process. Whether you are going through a divorce, child custody battle, or dealing with complex property division, we have the expertise to navigate these intricate matters while prioritising your best interests. 

In the field of private client law, we recognise the complexities and demands that business owners and HNWIs face in today's dynamic marketplace. Our private client law services encompass a wide range of areas including wealth planning, asset management, trusts, wills, probate, and lasting powers of attorney. We aim to be your trusted legal partner, offering strategic advice and solutions that align with your commercial objectives as you navigate your family matter. 

At Grayfords, we believe in fostering long-term exceptional working relationships with our clients. Our dedicated team goes above and beyond to understand your unique circumstances and provide tailored legal solutions that anticipate your individual needs. We pride ourselves on delivering an outstanding personal service level, ensuring that you feel supported and informed throughout your legal journey.  

Our ultimate goal is to alleviate the pressure and stress often associated with legal matters. We are committed to guiding you through the complexities of family law and private client law, allowing you to focus on what matters most to you. Trust Grayfords to provide you with the specialised legal services you deserve, backed by our expertise, integrity, and dedication to your success.