Divorce and Family Law Frequently Asked Questions (FAQs)

Our award-winning Family Law Teams in Sunderland and Newcastle are Divorce Experts who can guide you through no-fault divorce proceedings with sensitivity and understanding. We offer an initial Next Steps in Divorce appointment so that we can assess your situation and provide you with an immediate plan of action in order to protect your position and that of your children.

You can be seen at our Newcastle or Sunderland offices; we can also offer you a telephone or Microsoft Teams video appointment so that we can help you no matter where you are based. Most of our client submit their documentation online in any event. We send you a questionnaire to be completed in advance of your appointment. That way we can offer you bespoke advice when we meet with you.

It’s important to consider whether divorce is the best solution for you and your spouse. You may wish to explore options like marital counselling, temporary separation, or long-term separation, with which we can assist in drafting a Separation Agreement. Emmersons Solicitors offers a range of Family Law Solutions including:

• House ownership
• Pension sharing
• Maintenance
• Sharing of business assets
• Arrangements for children

Many of our clients make use of our initial Next Steps in Divorce session. They then go away and think about things. You should only begin divorce proceedings if it feels right for you.

Since 6th April 2022, No-Fault Divorce has been legal in England and Wales. You no longer need to blame your spouse to initiate a divorce. However, once proceedings are started, it is crucial to seek legal advice promptly to protect your financial interests. The process is quite fast and you will need help quickly. You cannot defend No Fault Divorce Proceedings. Our award-winning Family Law Team of Divorce Solicitors can guide you through this process.

A Conditional Order, previously known as Decree Nisi, is the first stage of the divorce process. It can only be issued after the judge is satisfied that the divorce has been issued correctly. There is a mandatory twenty-week waiting period to allow for reflection and potential agreement on finances and children. After the twenty week waiting period the court will issue the Conditional Order. Our expert and experienced team of solicitors will outline the full divorce process during your initial appointment.

After a Conditional Order is issued, you must wait six weeks before obtaining a Final Order (formerly Decree Absolute), at which point you will be officially divorced. During your initial appointment, our solicitors will outline what the divorce process includes, what to expect and any estimated timelines.

Under the current no-fault Divorce Law: you cannot contest a divorce unless the court determines it lacks jurisdiction or your marriage is invalid. It is essential to act quickly to protect your interests, and our award-winning Divorce and Family Law Solicitors in Newcastle and Sunderland can guide and advise you through this.

This is a common question that the Divorce Team at Emmersons Solicitors are asked when our clients are starting to think about a divorce. The costs of a divorce typically range in the hundreds of pounds, including court fees. However, resolving matrimonial finances incurs higher costs due to the complexity involved.

We offer various payment options, including Standing Order Payments, Legal Service Orders, and Credit/Debit Card Payments to accommodate your financial situation. One of our team in our Newcastle or Sunderland offices will be able to provide you with more details as to your options.

A Legal Services Order is an application you can make to the court to compel your spouse to contribute to your legal fees throughout the divorce process. The court can mandate the sale of assets if necessary to fund your legal representation. Please ask your solicitor about a Legal Services Order during your initial appointment.

We encourage open communication and negotiation throughout your divorce proceedings. Our solicitors are skilled in helping couples reach agreements amicably, avoiding the need for court intervention.

Jacqueline Emmerson and Tracey Hammond each have over 30 years of experience dealing with all areas of Family Law. The team were recognised at the inaugural British Family Law Awards as Family Law Firm of the Year (regional) which included our levels of customer care and legal excellence.

The judges commented that Emmersons cared about and was compassionate toward our clients. Jacqueline Emmerson was able to show that Emmersons Solicitors go above and beyond for clients like you who are often experiencing the most difficult time of your life.

Our Family Law team doesn't just offer advice but also emotional support and workable solutions.