Divorce or Separation: Your Options and How Gisby Harrison Can Help You Move Forward
When a relationship ends, it's natural to feel overwhelmed by the emotional, financial, and practical decisions that follow. Alongside the emotional impact, there are often complex legal and financial issues to address, particularly where children or shared assets are involved
At Gisby Harrison, our specialist Family Law team supports individuals and families, offering clear guidance and a calm, compassionate approach at every stage of divorce or separation.
Grace Bass, Partner and Solicitor in our Family and Matrimonial team at Gisby Harrison, outlines the key decisions you may need to make, the legal routes available, and the most practical starting points under the current law in England and Wales.
Speak to our Family Law team, call 01707 878 300
What should you do first when you separate?
The first steps you take should focus on your immediate practical needs. Early decisions can have a significant impact on both your short-term stability and your long-term future Our family solicitors help clients prioritise:
1. Arrangements for Children
You'll need to consider where your children will live, how much time they'll spend with each parent, and how financial support will work.
Although child arrangements are technically separate from the divorce process, they are often the most important concern and sensitive concern for parents.
Our team helps you reach child arrangements that are safe, fair, and focused on your children's best interests and wellbeing.
2. Sorting Out Finances and Property
Whether you own a home, have savings, run a business, or share pensions, the financial consequences of separation can be significant.
If you're married or in a civil partnership, you may need a legally binding financial order to achieve certainty and protect your future.
If you're not married, your rights are very different — there is no such thing as "common law marriage". We regularly advise unmarried couples on property and financial claims under the Trusts of Land and Appointment of Trustees Act (TOLATA).
Gisby Harrison provides early, strategic advice so you understand exactly where you stand and what steps to take to protect your position.
What legal options do you have divorce, legal separation, or something else?
1. No-Fault Divorce
The Divorce, Dissolution and Separation Act 2020 allows couples to end their marriage without assigning blame.
You need only state that the marriage has irretrievably broken down, and neither partner can contest the divorce simply to delay it.
However, there is still a compulsory 20-week "reflection period" between the application and the conditional order, designed to reduce conflict and allow time to plan for children and finances.
2. Joint Applications
Couples can now apply together, which can help to reduce conflict and encourage a more cooperative approach.
Gisby Harrison supports both sole and joint applicants, advising on which option is most appropriate for your circumstances.
3. Legal Separation (Judicial Separation)
If you do not wish to divorce, for religious, cultural, or personal reasons, a legal separation allows you to resolve financial matters without ending the marriage.
We regularly advise couples where legal separation is the preferred alternative to divorce.
4. Annulment
In rare situations, such as where the marriage is void or voidable, an annulment may be possible. Our solicitors can assess whether this applies to your circumstances and guide you through the process.
Can You Avoid Going to Court?
Increasingly, the family courts expect couples to use Non-Court Dispute Resolution (NCDR) wherever possible. These methods include:
- Mediation
- Collaborative Law
- Private Financial Dispute Resolution (Private FDRs)
- Solicitor-led negotiation
Gisby Harrison actively supports clients in resolving disputes outside of court wherever appropriate, helping reduce stress, cost, and delay, while remaining fully prepared to act robustly where court proceedings are necessary
How Long Does a Divorce Take and What Will It Cost?
Even in straightforward cases, the legal process takes a minimum of six months because of the built-in reflection and order periods.
The court fee for issuing a divorce application is currently £612, which couples can agree to share.
We provide clear, transparent pricing from the outset, with fixed-fee options available for certain stages of the process.
Move Forward with Confidence, We're Here When You Need Us
Separation is never easy, but with the right legal support, you can make informed, constructive decisions about your future.
At Gisby Harrison, our Family Law team offers:
- Practical, compassionate advice from experienced specialists
- Strong guidance on financial settlements and child arrangements
- Expertise in mediation, negotiation, and non-court solutions
- Tailored support for married and unmarried couples alike
- Clear fees, open communication, and a focus on reducing stress
If you're unsure where to start, we're here to guide you through your options and help you take the next steps with confidence. Give us a call or make a quick enquiry online to see how we can help.
Speak to our Family Law team, call 01707 878 300
