A cohabitation agreement is a legal document between unmarried couples who are living together or...
Our family law solicitors in Orpington, Kent advise on divorce, financial settlements, children arrangements and separation, clearly and without judgement.
The breakdown of a relationship is one of the hardest things you can face. Whether you are divorcing, dealing with disputes over children, or separating as an unmarried couple, it is normal to feel overwhelmed and unsure what to do next.
Our family law solicitors in Orpington are here to help. We combine practical support with clear advice, so you know where you stand and what happens next. We handle the full range of family matters, from divorce and financial settlements to children arrangements and cohabitation disputes.
We are committed to the best outcome available to you, whether through negotiation, mediation or representation in court. To discuss your situation with an experienced family law solicitor, call our team today on 01689 887887 or fill in our simple enquiry form.
How our divorce and family law solicitors can help
Divorce and separation
Applications for divorce, sole or joint, and separation agreements where you are not ready to divorce.
Financial settlements and division of assets
Property, pensions, savings, businesses and debts, including complex and international assets.
Civil partnership dissolution
The same process and the same financial framework as divorce.
Children arrangements
Where children live, how contact works, and other decisions about their upbringing.
Child and spousal maintenance
Securing and varying maintenance, and advising where the Child Maintenance Service rather than the court has jurisdiction.
Prenuptial and postnuptial agreements
Agreements recording how assets should be dealt with if a marriage ends.
Cohabitation agreements and the rights of unmarried couples
Recording what happens to a shared home and finances, and resolving disputes where nothing was recorded.
Family mediation and arbitration
Resolving matters without court, including family arbitration for a binding decision in private.
Domestic abuse
Urgent protective orders, in confidence.
LGBTQIA+ family law
All family matters, including same-sex divorce, civil partnership dissolution, surrogacy and adoption.
How divorce works now
The law changed on 6 April 2022, when the Divorce, Dissolution and Separation Act 2020 came into force. Three things about it matter to you.
There is one ground and no blame. The sole ground is that the marriage has broken down irretrievably. You do not allege fault, and your spouse cannot contest the divorce on the merits.
Either of you can apply, or you both can. Ministry of Justice family court statistics show around 28% of applications are now made jointly, and the proportion is rising. Joint applications tend to complete more quickly.
There are two fixed waiting periods. You cannot confirm you want the conditional order until 20 weeks after proceedings start, and the divorce cannot be made final until 6 weeks after the conditional order. The two waiting periods add up to 26 weeks, or six months, and the 20 weeks runs from the start of proceedings rather than from service. In practice a divorce takes considerably longer: Ministry of Justice family court statistics give a mean of 67 weeks from application to final order in early 2026, and 48 weeks where the application was made jointly.
The terms changed too: decree nisi is now the conditional order and decree absolute the final order.
The court fee to apply is £628, correct as at September 2026. Help with Fees is available if you qualify.
You will be expected to consider mediation first
The court has always had to consider whether non-court dispute resolution is appropriate. Since 29 April 2024 it can also require you to file a form setting out your views on using it, and a party who fails without good reason to attend a MIAM or to take part in non-court dispute resolution can face a costs sanction.
In most children and financial cases the person applying to court must also attend a Mediation Information and Assessment Meeting first, unless an exemption applies. Exemptions include domestic abuse, child protection concerns and urgency. There is also a longstanding exemption where there is no authorised family mediator within fifteen miles of your home, but since 29 April 2024 it is harder to rely on: you must also show you cannot attend a MIAM online or by video-link, and explain to the court why the exemption applies. The same rules removed several other exemptions altogether, including the former mediator’s exemption.
The Family Mediation Voucher Scheme contributes up to £500 towards mediation costs in cases involving a child dispute. One voucher per family, both parties must agree to mediate, and financial-only disputes do not qualify. The scheme is funded to the end of March 2027. It has been extended several times, so we will confirm it is open before you rely on it.
Mediation is not right for every case, and it is not appropriate where there has been abuse. Where it is suitable, it is faster and considerably cheaper than court.
How financial settlements are decided
There is no automatic 50/50 split in England and Wales. It is one of the most common misconceptions we correct.
The court must consider all the circumstances, giving first consideration to the welfare of any child of the family under 18, and must have particular regard to the factors in section 25 of the Matrimonial Causes Act 1973:
the income, earning capacity, property and financial resources each of you has or is likely to have
financial needs, obligations and responsibilities
the standard of living during the marriage
your ages and the length of the marriage
any physical or mental disability of either of you
the contributions each of you has made or will make to the welfare of the family, including looking after the home or caring for the family
conduct, where it would be inequitable to disregard it
any benefit either of you will lose the chance of acquiring, such as a pension
Equal sharing is a principle the courts have developed, not a statutory entitlement. What happens in your case turns on needs, resources and the length of the marriage.
The court fee for a financial order application is £321, and £62 for a consent order.
Where the family home is transferred, our conveyancing team handles it. It is also worth reviewing your wills once the divorce is final.
Reform is under discussion. The Law Commission published a scoping report on financial remedies on 18 December 2024 setting out four possible models, from codifying the current law to a fixed matrimonial property regime. The Government responded in June 2026 with a consultation, A fairer end to relationships, proposing a codification-plus model that would put settled principles such as needs and sharing into statute, and consulting on binding nuptial agreements. It closed in August 2026 and the outcome is awaited.
Children arrangements and maintenance
We help you reach agreement on where children live and how contact works, always with the child’s welfare at the centre. Where agreement is not possible, we apply for a child arrangements order. Where a parent wants to move abroad with a child, we advise on Leave to remove a child from the UK.
On maintenance, the starting point is jurisdictional. The Child Maintenance Service calculates, collects and enforces child maintenance, and the court generally cannot make a maintenance order where the CMS has jurisdiction. The court can still act in defined situations, including:
making an order in the terms of a written agreement between you
a top-up order where a calculation is in force and the paying parent’s income exceeds the statutory threshold
orders for school fees and education costs
orders made solely to meet expenses attributable to a child’s disability, as the legislation defines it
Spousal maintenance is separate and remains a matter for the court.
Our fees
We are committed to transparency on cost. Before your matter begins we will give you a full breakdown of expected costs, so there are no unwelcome surprises later. Court fees are payable on top of our own and are set by HM Courts and Tribunals Service.
Legal aid remains available for family matters in a limited set of categories, principally care and protection proceedings, and protection from domestic abuse, including occupation and non-molestation orders, and matters arising out of a family relationship where there has been, or is a risk of, domestic abuse. An application must include evidence of the abuse or the risk of it, in one of the forms the regulations specify. Means and merits tests also apply. Family mediation is in scope.
If you would like a cost estimate before you commit to anything, ask for one at the first conversation.
Why choose CWJ for divorce and family law
Our family department is led by Claire Schneck, a partner who has led the team since 2008. The family team is ranked Band 2 for family law in Kent by Chambers and Partners, and Claire is named as a leading individual. She is listed as a Noteworthy Individual in the Legal 500, with expertise in complex financial disputes involving TOLATA, nuptial agreements and international assets. Legal 500 2026 describes the practice as “capable, solid and reliable”.
Our family solicitors are members of Resolution, and follow its Code of Practice, which commits members to reducing conflict and confrontation and to putting the interests of any children first.
The firm has practised from Orpington, in the London Borough of Bromley, since 1951, and was founded in 1875. Our office is a short walk from Orpington station, with parking at the rear, and reception is open 09:00 to 17:45, Monday to Friday.
Frequently asked questions about divorce and family law
How will our assets be divided?
There is no automatic 50/50 split. The court weighs the section 25 factors: needs, resources, the length of the marriage, and the welfare of any children first. We can give you a realistic range once we know the figures.
What are the grounds for a divorce?
There is one: that the marriage has broken down irretrievably. Since 6 April 2022 no fault is alleged and the divorce cannot be contested on the merits. You must have been married at least a year.
How long does a divorce take?
The statutory waiting periods add up to 26 weeks, but Ministry of Justice figures put the mean in early 2026 at 67 weeks from application to final order, and 48 weeks for joint applications. Finances often take longer and are dealt with separately from the divorce itself.
Can I force my husband or wife out of the house?
Only in defined circumstances, usually where there has been abuse, by applying for an occupation order. Otherwise both spouses generally have a right to occupy the family home until the finances are resolved.
Will I have to pay child maintenance?
If you are the paying parent, usually yes, and the amount is normally calculated by the Child Maintenance Service rather than by the court.
What rights do unmarried couples have when separating?
There is no such thing as common law marriage. Unmarried couples have no automatic right to a share of each other’s property or pension, and claims turn on ownership, contributions and any agreement, which is why a cohabitation agreement is worth having. Where the argument is about the property itself, it may be dealt with as one of our property disputes.
Can I get legal aid for family law matters?
Only in limited categories, principally domestic abuse and child protection, with evidence requirements and means and merits tests. Family mediation is in scope. We will tell you at the outset whether you are likely to qualify.
Do we have to go to court?
Often not. Most matters are resolved by negotiation, mediation or arbitration, and the court will expect you to have considered non-court options.
How much does a family law solicitor cost in Orpington?
It depends on the work involved. We give you a full breakdown of expected costs before your matter begins, and we will tell you the court fees separately.
Speak to our family law solicitors in Orpington, Kent
Family matters are rarely straightforward, but you do not have to face them alone. Tell us where things stand and what you want to achieve, and we will set out your options and what each one is likely to cost.
Call 01689 887887 or complete our enquiry form to arrange an initial consultation.