The first working day of January is colloquially known as ‘Divorce Day’, owing to the perception that the number of divorce enquiries surge on this day. While this is not strictly true, early January does consistently see an increase in the number of enquiries relating to divorce in England and Wales. Part of this is due to the pressure and strain that Christmas often causes through extended time together, as well as the financial stress of the period. As a result, the New Year often presents a natural reset point to reassess a married couple’s relationship.

In this article, we will explain the key stages of the divorce process in England and Wales, what the stages and timeframes involve, and how Lisa’s Law can help.

The Divorce Process in England and Wales

Divorce in England and Wales follows a defined legal process under the no-fault divorce system, which applies to all divorce applications issued since 6 April 2022. This means that neither party is required to prove wrongdoing, and a divorce can proceed on the basis that the marriage has irretrievably broken down, which is established by a statement from either or both parties. This statement is considered conclusive evidence, and no additional proof is required to demonstrate the breakdown of the marriage.

The process is generally straightforward where both parties cooperate and there are no disputes.

Stages of the Divorce Process

The key stages are as follows:

1. Submitting the Divorce Application –

We will prepare and submit your divorce application to the Court on your behalf as the applicant.

2. Acknowledging the Divorce –

Once the Court issues the application, it will send a copy to your spouse (the respondent), who must confirm whether they intend to dispute the divorce.

3. Applying for the Conditional Order –

A mandatory 20-week reflection period follows the issuance of the divorce application. This time allows both parties to consider their decision and address arrangements for children, finances, and other matters. After this period, we can apply for a Conditional Order on your behalf.

4. Applying for the Final Order –

After the Conditional Order is granted, a further six-week waiting period is required before applying for the Final Order, which legally dissolves the marriage.

How Long Does a Divorce Take?

On average, the divorce process itself in England and Wales typically takes around 10 to 12 months. However, this may vary depending on court workload and whether any complications arise. However, the timeframe may vary depending on:

• Court processing times
• Whether the application is sole or joint
• Any delays in acknowledgment by the respondent

It’s important to note that issues relating to finances or children are dealt with separately and may cause additional delays. If you and your spouse cannot agree on these matters, contested proceedings can take up to two years to resolve.

What Happens to Finances During a Divorce?

Financial matters are dealt with separately from the divorce itself. While obtaining a Final Divorce Order brings the marriage to an end, but it does not automatically resolve financial claims between spouses.

Financial matters may include:

• The family home and other property
• Savings and investments
• Pensions
• Debts and liabilities

To achieve certainty, financial arrangements must either be agreed by both parties and formalised in a Financial Consent Order, or determined by the Court if agreement cannot be reached. Without a formal settlement order, financial claims can remain open indefinitely, even after the divorce is finalised.

It is therefore important to consider financial matters at an early stage of the divorce process. Legal advice can help ensure that any agreement reached is fair, legally binding, and provides long-term certainty.

What Happens to Children During a Divorce?

As is the case with financial arrangements, arrangements for children are also dealt with separately from the divorce itself.

The divorce process does not determine where a child will live, how much time they spend with each parent, or how parental responsibility is exercised.

In many cases, parents are able to reach agreement about child arrangements without Court involvement. Where this is possible, the focus is on the child’s welfare and maintaining stability in their day-to-day life. In fact, the Court encourages both parties to reach an agreement and only apply to the Court where it is necessary to do so.

If agreement cannot be reached, either parent may apply to the Court for a Child Arrangements Order. When making any decision, the Court’s overriding consideration is the best interests of the child. Before applying for the court order, you are legally required to attend a Mediation Information and Assessment Meeting, unless you are exempt or applying for a consent order.

Early legal advice can help parents understand their options, avoid unnecessary conflict, and work towards practical arrangements that support their child’s wellbeing.

Contact us today for more information about how we can help with child arrangement matters.

How much do you charge for a non-contentious divorce?

Our legal fee for a straightforward, uncontested divorce is £750 plus VAT, on the basis that:

• Both parties agree to the divorce
• There is no dispute over the grounds for divorce
• There is no disagreement regarding children or finances
• Your spouse does not cause any undue delay in the proceedings

In addition to our legal fee, there is a court fee of £612 which is payable at the time of issuing the divorce application.

If your Marriage Certificate is not in English, it must be translated by a qualified interpreter.

Please note that these costs apply only to the divorce itself. Any additional legal work relating to financial settlements or child arrangements will be charged at our hourly rate of £300 plus VAT, and we will be able to offer a fixed fee wherever possible.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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It is common for parents to help their adult children buy a home. Sometimes that help comes in the form of a gifted deposit. Sometimes it is a case of moving in, paying for renovations, or funding a small living space of their own.

But what happens years later if the couple separates and the parent has effectively built a second life inside the same home? And what if no one ever wrote anything down because, at the time, it felt unnecessary or awkward?

A v N (R intervening) offers one of the clearest recent answers to these increasingly messy situations.

A family home shared across generations

The case involved a long marriage of almost three decades. The wife (W) and husband (H) purchased their family home in 2012. They could not have afforded it without help from W’s mother (R), who contributed £130,000 towards the purchase. The conveyancing paperwork described it as a “mother gifted deposit”.

From the outset, the plan was that R would live with them. The house was chosen because it could accommodate a self-contained annexe for her. Soon after the purchase, the parties demolished the garage and built a fully fitted ‘granny annexe’. R funded almost all of that work herself. Over the years, she also continued to put money into repairs and improvements, treating the annexe as her own space.

When divorce proceedings began in 2023, all three still lived in the property. R eventually intervened, claiming that she had a beneficial interest and that her contributions were not mere gifts.

What the court decided

The court had to do two things. First, it had to decide whether R had a beneficial interest and, if so, how much. Only then could it carry out the usual financial-remedy exercise between H and W.

The £130,000 at purchase

The judge held that the initial contribution was simply a gift, not an investment. R had made similar lifetime gifts to each of her daughters, and the £130,000 fitted within that pattern. This matched the contemporaneous description on the conveyancing documents.

The annexe

The annexe told a different story. R had paid for the design, construction and fit out of a separate living space intended for her long-term use. Everyone treated it as “her” part of the house. Repairs were divided along the same unofficial line: R handled anything to do with the annexe, and H and W handled the rest of the property.

The judge found that this created a common intention that R would have some kind of stake. She had relied on that understanding by taking out a loan, paying it off with rental income, and eventually selling her previous home. In other words, this was not casual generosity. It was money spent with a purpose.

Quantifying the interest

Rather than calculating a strict percentage from expenditure alone, the court took a more realistic approach. It imputed a 12 per cent interest to R, reflecting:

• how much she had invested,
• how the family treated the annexe in practice, and
• the value it added to the property.

Should the family home be sold?

This was the hardest question. R was 88, and the annexe had been adapted for her needs. However, the judge held that there was no other viable way to meet both spouses’ housing requirements. The property had to be sold.

In reaching this decision, the court emphasised that section 24A(6) of the Matrimonial Causes Act 1973 requires judges to consider third-party representations whenever a non-spouse has a beneficial interest. The judgment sets out a helpful six-point checklist for this situation, now confirmed as citable authority.

Ultimately, the home was ordered to be sold, with the proceeds divided as follows:

• 12 per cent to R
• 56 per cent to W
• 32 per cent to H

Why this case matters

A v N reflects a wider pattern. Parents often help adult children financially, then move in, then contribute further to the property. Lines blur quickly. Everyone assumes things will continue smoothly, and no one wants to talk about ownership.

But in law, substantial contributions that create or maintain a living space can turn into beneficial interests. The court will look at what people actually did, not what they might have intended in hindsight.

The case also shows the circular nature of these arrangements. Even though R’s 12 per cent reduced the matrimonial pot, she planned to use it to help W rehouse, meaning the money left the pot at one point and reappeared at another as part of housing resources.

Practical lessons for families and advisers

1. Put intentions in writing early

• Even a short note confirming whether money is a gift, loan or investment can prevent expensive disputes years later.

2. Annexe arrangements are more than renovations

• If a parent funds a bespoke living space designed for their long-term use, the law may treat it as giving rise to a property interest. Families rarely think of it this way at the time, but the court certainly will.

3. Flag possible third-party claims early in proceedings

• If there is any chance a parent has a beneficial interest, it must be identified in Form E and dealt with early. Intervenor proceedings complicate the timetable and the hearing length.

4. A sale may be unavoidable even with an elderly parent involved

• Adaptations and personal circumstances matter, but they are not always enough to prevent a sale where there is no other route to fairness.

Final thoughts

A v N reminds us that everyday family arrangements can take on legal consequences over time. What starts as informal support can become something with real legal weight, especially when a parent funds and occupies their own part of a shared home.

Most families do not think about these things when relationships are good, and few want to talk about ownership at the outset. But a short conversation early on can prevent years of uncertainty and avoidable stress later.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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On 2 December, the Property (Digital Assets) Act 2025 received Royal Assent and came into force. The Act makes England and Wales some of the first countries in the world to legally recognise digital assets as personal property The Act ensures the UK remains at the forefront of rapidly evolving technological markets, reinforcing its position as a leading jurisdiction for legal and technological innovation It also provides legal clarity and certainty, while strengthening protections for digital assets such as cryptocurrencies and non-fungible tokens (NFTs).”

Background

The new Act follows a Law Commission report and draft Bill which highlighted the pervasiveness of digital assets in modern society. The report emphasised that, as many individuals treat digital assets as personal property, they should be afforded legal protection accordingly.

In recent years, courts had begun to develop common law to accommodate digital assets through cases like:

• AA v Persons Unknown [2019] EWHC 3556 (Comm) recognised Bitcoin as property capable of being subject to proprietary injunctions and freezing orders;
• Osbourne v Persons Unknown [2022] EWHC 1021 (Comm) established the same for NFTs, allowing them to be protected by the same remedies.

Despite these judicial developments, the lack of formal legislation left the issue of digital assets uncertain and vulnerable to change. This created unpredictability for estate planning, trust creation, matrimonial property division, and other uses of digital assets. The new Act provides statutory clarity and protection by codifying the principles which previously emerged from common law.

What does the Act do?

Historically, only two categories of personal property were recognised under English law:

• A thing in possession: tangible, movable and visible objects (such as cars or jewellery)
• A thing in action: rights which are enforceable through legal action or claims (such as debts or shares)

The Property (Digital Assets) Act 2025 now provides that:

“A thing (including a thing that is digital or electronic in nature) is not prevented from being the object of personal property rights”

This provision effectively establishes a new third category of personal property, enabling digital and electronic assets to be recognised as personal property.

Importantly, the Act does not provide a definitive list of what assets may qualify. Instead, it preserves flexibility for the courts to apply legislation in accordance with emerging technologies and new forms of digital assets, allowing the law to adapt and evolve with technological developments.

How may this affect wills and probate?

The Act provides clarity for individuals wishing to pass on digital assets as part of their estate. Testators can now safely include digital assets such as NFTs or crypto-currency in wills with the assurance that they will be recognised for purposes of inheritance and succession. They are capable of being inherited, transferred, and gifted in the same way as traditional forms of property.

For personal representatives, administrators and executors, the Act removed previous uncertainty by clarifying that digital assets can form part of the estate and may be managed and distributed to beneficiaries in the course of probate.

Additionally, digital assets can be held in trusts, providing new opportunities for the preservation, management, and controlled transfer of wealth across generations.

In cases of dispute, misappropriation or suspected theft, the courts retain the power to grant proprietary injunctions or freezing orders, helping to secure digital assets and protect estates and trusts.

How may this affect family law?

Though not immediately obvious, the Property (Digital Assets etc) Act 2025 has important implications for family law. By recognising digital assets as personal property, the Act allows them to be treated alongside traditional assets in divorce or separation proceedings. Most crucially, they can now be considered part of the matrimonial estate, enabling courts to take them into account when calculating equitable distribution.

They can also be included in cohabitation or nuptial agreements, providing greater certainty for the treatment of digital assets in the event of separation or divorce.

Next Steps for You

To ensure your digital assets are properly managed, protected, and reflected in your estate and family planning, you may wish to:

• Update wills and trusts to explicitly include digital assets
• Maintain secure records of access instructions for digital assets, such as passwords, passkeys, or crypto-wallet credentials, to ensure executors or trustees are able to access the property
• Review and update cohabitation or nuptial agreements to clarify the intended treatment of digital assets in the event of separation or divorce
• Reconsider overall estate planning strategies to account for digital holdings

Our family, wills and probate team is ready to advise you and assist with any of these steps, helping ensure that your digital and traditional assets are protected and managed according to your intentions.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio