Divorce

Divorce can be a painful and difficult process and often tensions can run high. We believe in a non-confrontational approach to help you navigate the divorce process, and we are committed to fully support you every step of the way.

It is important that you seek advice at an early stage when your relationship has broken down, especially if there are children involved.

We are on hand to represent you in the most efficient and cost-effective way possible, and we can offer an initial 30-minute consultation either face to face at any of our offices in Mirfield, Huddersfield or Holmfirth or by a pre-arranged telephone appointment to provide you with some initial advice at no charge or obligation.

We pride ourselves on our focus on client care and our specialist advise.

The Divorce Process

The new law regarding divorce came into effect on the 6th April 2022 to bring changes to the divorce system. There is currently no ‘blame’ on the other party as to why the marriage has broken down and the process is known as the ‘no fault divorce’. The only ground for divorce now, is that the marriage has irretrievably broken down. In order to proceed with a divorce, the parties must have been married for a period of 12 months prior to the divorce application being made.

There are 3 stages to the divorce procedure which is the initial filing of the Divorce application, the Conditional Order and the Final Order of divorce. Applications for divorce are made to the Court via the digital portal online.

Here at Bailey Smailes, we will support and navigate you through the divorce process advising you at every stage, so you fully understand your legal rights, and obligations.
Divorce Application Process

• The initial stage is filing the divorce application to the Court, you can make a sole application (one person applies) or a joint application (both parties apply together). We will provide with advice as to the best route to based on your particular circumstances.
• The other party will respond to the divorce application ideally within 14 days.
• There is a mandatory 20 week wait before a divorce can be finalised.
• The Conditional Order can be applied for after the 20 weeks wait and once the Conditional Order is pronounced it will mean that the Court is satisfied with regard to the grounds of divorce.
• The Final Order will legally end the marriage so that both parties are free to remarry.

Timescale

The usual timescale for a divorce is 26 weeks, however it is not usually advisable to end the marriage by applying for the Final Order until an agreement has been reached in respect of the matrimonial finances and enshrined in the form of a Financial Remedies Order. Please see our finances tab for more information.

Costs

The court fee for the application in respect of the divorce is currently £612, if you are in receipt of any qualifying benefits then you may be able to claim a fee exemption, and we will discuss this with you prior to the divorce application being filed at Court.

We currently offer fixed fee packages with regard to our fees, and we will discuss these with you at our initial meeting.

Please do not hesitate to get in contact with one of our specialist family solicitors at any one of our offices on the telephone numbers below or contact us via the contact form on our website.

Estate Administration

At Bailey Smailes we have vast experience of helping clients to administer estates and it has been a core part of our practice ever since 1827. We only employ Solicitors to deal with Estates so that you know you will receive gold service legal advice at such a difficult time. At the outset of a matter, you will be dealt with by one dedicated Solicitor who will handle your matter throughout.

To fully administer an Estate we anticipate this will take between 10 and 20 hours work. Fees are charged at £245 + VAT per hour (for a Director or Senior Solicitor) or £215 + VAT per hour (for a Solicitor, dependent on seniority). Total costs estimated at £2,000-5,000 (+VAT). VAT is currently 20%.

The exact cost will depend on the individual circumstances of the matter. For example, if there is one beneficiary and no property, costs will be at the lower end of the range. If there are multiple beneficiaries, a property and multiple bank accounts, costs will be at the higher end.

We will handle the full process for you. This quote is for estates where:

There is a valid will
There is no more than one property
There are no more than 5 bank or building society accounts
There are no other intangible assets
There are 1-5 beneficiaries
There are no disputes between beneficiaries on division of assets. If disputes arise this is likely to lead to an increase in costs
There is no inheritance tax payable, and the executors do not need to submit a full account to HMRC
There are no claims made against the estate

Disbursements included in this fee:

Probate application fee of £155.00
Office Copies of the Grant of Probate cost £1.50 each
Bankruptcy-only Land Charges Department searches (£2 per beneficiary)
Trustee Act Notices which help protect against unexpected claims from unknown creditors can be placed in the London Gazette and in a Local Newspaper. This is optional and you will be advised, as an Executor, about this. Likely cost is approximately £200.00 + VAT

Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Potential additional costs

If there is no Will or the Estate consists of any share holdings (stocks and bonds) there is likely to be additional costs that could range significantly depending on the Estate and how it is to be dealt with. We can give you a more accurate quote once we have more information and we will update you regularly as the matter progresses.
If any additional copies of the Grant are required, they will cost £1.50 (1 per asset usually). Generally, we would suggest it sensible to obtain one copy per asset to ensure the Estate can be administered in a more timely fashion.
Dealing with the sale or transfer of any property in the estate is not included.

How long will this take?

On average, Estates that fall within this range are dealt with within 6-12 months. Typically, obtaining the Grant of Probate can take up to 16 weeks. Collecting assets then follows, which can take between 6-10 weeks for bank accounts or similar. If there is a property within the Estate that requires selling, a conveyance usually takes 6-8 weeks. This is in addition to the time it takes to secure a buyer. Once a property has been sold, we will close the utility accounts, insurance, Council Tax, etc. This work usually takes 4 weeks. Once this has been done, we can distribute the assets, which normally takes 1-2 weeks.

Fixed Fees

The above is an indication of likely cost on a time basis. We do tend to find that clients prefer a fixed fee quote for Estate Administration work, and these are provided on request. Should a fixed fee be requested we will not undertake any further work until you are happy with and accept that fixed fee quote. The Disbursements referred to above are also payable in addition to the firm’s fixed fee.

No matter how you decide you would wish for us to charge we will always: –

Provide you with a dedicated, experienced and specialist probate solicitor to work on your matter
Identify the legally appointed executors or administrators and beneficiaries
Accurately identify the type of Probate application you will require
Obtain the relevant documents required to make the application
Complete the Probate Application and the relevant HMRC forms
Submit the Online Probate application to HMCTS for you
Submit the paper application together with supporting documents to the Probate Court on your behalf
Obtain the Probate
Collect and distribute all assets in the estate

Divorce

related pages