Divorce and Separation Solicitors In Sussex

Supporting you through divorce and separation

At Bennett Griffin, our West Sussex-based Family Law team knows that the end of a relationship can be one of the most traumatic times of your life.

We also understand that the legal process of divorce or separation – especially when there are children or financial issues to be considered – can be confusing and emotionally challenging.

We’re here to help.

Our skilled and caring solicitors will advise you on your legal options and discuss the processes involved.

Our Related Services

• Fixed Fee Divorce
• Children’s Law and Parenting Issues
• Property & Finances
• Unmarried Couples
• Prenuptial Agreements
• Collaborative Family Law
• Domestic Abuse
• Advice for Grandparents

What Are The Differences Between Divorce and Separation?

Divorce constitutes a formal legal process that culminates in the official termination of a marriage, resulting in the dissolution of the marital bond.

This procedure necessitates obtaining a court order recognising the marriage as legally dissolved.

In the context of divorce, the couple ceases to be considered married, granting them the legal freedom to enter into another marital union if they so desire.

Divorce encompasses multifaceted considerations, including child arrangements, the equitable division of assets and liabilities, spousal support, and financial agreements.

On the contrary, separation does not effectuate the legal dissolution of a marriage.

Instead, it involves an arrangement where a couple opts to live apart while still maintaining their legal marital status or civil partnership.

Throughout a period of separation, the couple remains legally married but leads separate lives, often establishing mutually agreed-upon terms about matters such as child arrangements, financial affairs, and the division of property.

This approach allows individuals to spend time apart, facilitating an opportunity to evaluate the future trajectory of their relationship, all the while deferring the finality of divorce proceedings.

Judicial Separation

Judicial separation, also known as legal separation, is a legal process that allows married couples to obtain a formal separation without terminating the marriage.

It is a legal arrangement recognised by the court that provides similar legal protections and considerations as divorce, but the marriage remains legally intact.

In a judicial separation, a court order is obtained through a legal proceeding that outlines the terms and conditions under which the couple will live separately.

The key aspects of judicial separation may include the following:

Living apart

The couple is granted the legal right to live separately, establishing separate households while remaining married.

Children’s living arrangements and child maintenance support

The court may determine children’s living arrangements, contact, and child maintenance obligations, similar to divorce cases, with the child’s best interests as the primary consideration.

Financial arrangements

The court may also address financial matters, such as dividing assets and debts, spousal maintenance support, and other financial obligations between the parties.

Legal protections

Judicial separation provides legal protections and rights to both spouses, including protection against certain actions, decisions, or financial liabilities of the other party.

Retention of marital status

Unlike divorce, where the marriage is legally terminated, a judicial separation allows the couple to remain married in the eyes of the law. This may have implications for religious or personal beliefs that discourage divorce.

It’s important to note that judicial separation does not grant the freedom to remarry. If either spouse wishes to dissolve the marriage entirely and marry someone else, they would need to pursue a divorce.

No-Fault Divorce

The introduction of no-fault divorce in the UK aims to promote a more amicable and constructive approach to ending marriages, reducing conflict and encouraging a greater focus on resolving practical matters such as child arrangements and financial settlements.

The Divorce, Dissolution and Separation Act 2020 came into effect on 6 April 2022, allowing spouses to simply state that the marriage has irretrievably broken down without having to provide evidence of any specific fault or reason.

Should you wish to pursue a no-fault divorce, our Family Law team will be able to guide you through the process.

Further Reading: Do I Still Need A Solicitor For A Divorce?

Why Choose Bennett Griffin?

When considering legal representation for divorce and separation matters, choosing Bennett Griffin offers distinct advantages.

Our firm stands out due to several key factors:

Expertise and Experience

Our solicitors possess extensive expertise and experience in family law, including divorce and separation cases. With a strong track record in handling complex legal matters, we stay updated with the latest legal developments to provide the highest quality advice and representation.

Client-Centred Approach

At Bennett Griffin, we prioritise our Sussex clients’ best interests. We understand the emotional challenges associated with divorce and separation. Our solicitors approach each case with empathy and sensitivity, listening to your concerns, addressing your questions, and guiding you through the legal process.

Tailored Solutions

We recognise that every divorce and separation case is unique. Our solicitors work closely with you to understand your specific needs, goals, and priorities. We then develop personalised legal strategies and solutions that align with your objectives, ensuring the best possible outcome for your case.

Skilled Negotiators and Litigators

Our solicitors are skilled negotiators and litigators. We aim to reach fair and favourable settlements through mediation or collaborative approaches. If litigation becomes necessary, we are prepared to vigorously advocate for your rights and protect your interests in court.

Comprehensive Services

Bennett Griffin offers comprehensive legal services covering all aspects of divorce and separation. From initial consultations and advice to drafting legal documents, representing you in negotiations, and providing representation in court, we provide end-to-end support throughout the entire process. Our solicitors handle various related matters, including children’s living arrangements and contact, financial settlements, and asset division. Our teams can also expertly assist with Wills, Lasting Powers of Attorney, property issues and many other family law services you may require in your lifetime.

Reputable and Respected

Bennett Griffin has established a strong reputation in the legal community and among clients. Our firm’s longstanding presence and positive reviews reflect our commitment to excellence, professionalism, and client satisfaction. We take pride in our reputation and continue striving for the highest legal representation standards.

Family Matters YouTube Channel

We are also very proud to host our own video channel on YouTube with a playlist dedicated to Family Law.

Legal Mythbusting – Family Matters explores many areas of Family Law in greater detail.

Sometimes our solicitors are joined by barristers and representatives from local chambers who can shed even further light on some of the legal intricacies.

The video below, for example, discusses courtroom procedures when couples are seeking a divorce.

Contact Our Sussex Offices

Choosing Bennett Griffin means having a trusted legal partner who protects your rights and achieves the best possible outcome in your divorce or separation case.

We have two offices in West Sussex:

• Family Law Solicitors in Worthing
• Family Law Solicitors in Chichester

Contact us today to schedule a consultation and experience our professional and personalised service.

You can email info@bennett-griffin.co.uk or call our Worthing office on 01903 229999 or our Chichester office on 01243 256370.

Frequently Asked Questions For Our Divorce and Separation Solicitors

Can we separate legally without getting a divorce?

Yes, it is possible to legally separate without obtaining a divorce. Legal separation allows couples to live apart and address various aspects of their separation, such as child custody, spousal support, and property division, through a formal legal agreement.

Can we divorce following a separation?

Yes, it is possible to pursue a divorce following a period of separation. Suppose you and your spouse have legally separated and decided to end your marriage permanently. In that case, you can proceed with the divorce process.

Do both parties have to agree to a legal separation?

Both parties do not have to agree to a legal separation. The process of legal separation in the UK does not require the consent or agreement of both spouses.