Divorce Proceedings – Where do you start?

If you have decided to proceed with a divorce, there is a structured process to follow. Since April 2022, the introduction of “no-fault divorce” has simplified the procedure, making it less contentious and more straightforward. This article outlines the key steps involved in obtaining a divorce.

 

Eligibility for Divorce

Before applying for a divorce, you must meet certain criteria:

• You must have been married for at least one year.
• Your marriage must be legally recognised in England and Wales.
• You or your spouse must permanently reside in England and Wales.

 

Applying for Divorce

You can apply for a divorce online or by post through the government website. The process begins with the divorce application, which must include:

• Your full name and address
• Your spouse’s full name and address
• A copy of your marriage certificate (translated if necessary)
• Payment of the court fee (currently £612 though exemptions may apply)

 

No-Fault Divorce and the Sole/Joint Application

Under the new no-fault divorce system, couples do not need to prove wrongdoing by either party. They simply state that the marriage has broken down irretrievably.

• Sole Application – One spouse applies for the divorce.
• Joint Application – Both spouses apply together, simplifying the process.

Once submitted, the court will process the application and send a copy to the other spouse (the respondent) if it is a sole application.

 

Response from the Respondent

If the divorce is applied for solely, the respondent has 14 days to acknowledge receipt. Since April 2022, contesting a divorce is only possible under specific circumstances, such as jurisdictional disputes. A divorce cannot be contested on the basis that the other person does not want it to go ahead.

 

Cooling-Off Period

There is a mandatory 20-week reflection period from when the court issues the application before proceeding to the next stage. This allows both parties to reconsider and make necessary arrangements for finances, property, and child arrangements.

 

Applying for the Conditional Order

After the reflection period, the applicant can apply for a Conditional Order (previously known as the Decree Nisi). This is a legal document stating that the court sees no reason why the divorce cannot proceed.

 

Applying for the Final Order

Six weeks after the Conditional Order is granted, the applicant can apply for the Final Order (previously known as the Decree Absolute). This legally ends the marriage.

 

Financial and Child Arrangements

A divorce does not automatically settle financial matters or arrangements for children. Spouses must reach separate agreements or apply to the court for financial settlements and child arrangements.

 

Financial Settlement

It is advisable to obtain a financial consent order, which legally finalises how assets, pensions, and debts will be divided. If an agreement cannot be reached, the court may decide for the couple.

 

Child Arrangements

If children are involved, parents are encouraged to agree on arrangements for their children. If disputes arise, mediation or court intervention may be required.

 

Mediation and Alternative Dispute Resolution

Before applying to the court for financial or child-related matters, couples are usually required to attend a Mediation Information and Assessment Meeting (MIAM) to explore alternative dispute resolution options.

 

Conclusion

The divorce process has become more straightforward due to the no-fault system, reducing conflict and making the process more amicable. However, financial settlements and child arrangements require careful consideration and legal advice.

If you are considering divorce, please get in touch with our team of solicitors who will help you navigate the process smoothly.

 

 

Written by Ana-Maria Munteanu