How To Seek A Divorce - Family Mediation Birmingham

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How To Seek A Divorce: An Explanation Of The New Divorce Procedure

Divorce may be a lengthy and challenging process, especially for those who are unfamiliar with the legal system. If you’re contemplating divorce in England or Wales (Scotland has its own legal system, which differs somewhat), there are a few things you should know to make the process as stress-free as possible.

As there is no such thing as a “quick” divorce in England and Wales, this is the most important point to remember. Nonetheless, the divorce procedure in England and Wales has undergone a number of significant alterations. Historically, spouses were obliged to file for divorce on the basis of one of five grounds: adultery, unreasonable behaviour, separation for more than two years, separation for more than five years, or desertion.

Since April 2022, the modified no-fault divorce regulations permit separated spouses to file for divorce without citing one of the five grounds for divorce. If the couple has been married for more than a year, they can readily file for divorce on the grounds that their union has irretrievably broken down. Previously, a spouse who did not desire a divorce might file an objection to halt the procedure. Currently, this is impossible.

Despite the implementation of simplified no-fault divorce rules, getting a divorce still takes approximately six months. If you reside in England and Wales and are contemplating divorce, there are a number of factors to consider. This page will assist you through the divorce procedure, from filing for divorce to filing the final documents.

1. Before Applying

You must choose whether you intend to submit a joint application with your spouse or separate applications. Verifying your divorce eligibility

Prior to initiating divorce proceedings, it is crucial to establish your eligibility. To obtain a divorce in England or Wales, the following criteria must be met:

  • Almost a year has passed since your wedding.
  • The marriage is legally recognised

Applying jointly (joint application)

The option to file a joint petition for divorce if both parties agree that the marriage has ended is one of the most significant enhancements introduced by the new divorce law. This amendment recognises that many married couples decide they do not have a future together and decide to end their partnership with respect and collaboration.

Your spouse must use the same application method, either online or by mail, for the divorce petition to be recognised as a joint application.

Both parties must individually acknowledge their intent to proceed with the divorce application after filing for divorce. This occurs during every phase of the divorce process.

You will be permitted to continue as an independent candidate if your ex-spouse stops to respond or participate in the application process. Keeping an open line of communication with your ex-spouse during the joint divorce application process can help ensure that both parties are completing the necessary steps to finalise the divorce.

Applying on your own (sole application)

Occasionally, one spouse will petition for divorce on their own. This is known as a singular application. This occurs frequently in the following situations:

  • If your ex-spouse does not want a divorce
  • You must submit a motion if you do not believe your ex-spouse will comply with court orders or react to court communications.
  • The applicant also asks a conditional and final order in the same application.

How much does a divorce cost?

To file for divorce in the United Kingdom, a court fee of £593 must be paid. Anyone filing for a divorce must pay this non-refundable fee. There may be government assistance available for the payment of court costs. You may learn more about this and how to apply for aid by visiting their website for court expense assistance.

In addition to this one-time court fee, it is essential to analyse the other divorce-related costs. Some folks desire legal representation during the divorce proceedings. This type of legal assistance is no longer available, so you will have to pay several hundred pounds for someone to accomplish a task that nearly everyone is capable of performing on their own.

For the majority of persons, obtaining a divorce – so that you are no longer married and have a legal document to prove this – is the simplest step in the divorce procedure. Far more challenging is dealing with the practical aspects of the divorce, such as a financial settlement and child custody agreements. In addition to decreasing stress and saving tens of thousands of pounds, making the right decision regarding how to manage these practical aspects of a divorce might save you tens of thousands of pounds and reduce delay. Family Mediation Birmingham will assist with the challenging divorce-related decisions.

2. Submitting An Application

You may submit a petition for divorce online or by mail. You will only need to complete a divorce petition (also known as Form D8), which may be accessed on the government website. The application is then submitted to the court alongside the original or a copy of the marriage certificate.

Family Mediation Birmingham, should be considered while you are contemplating what you want from your divorce. This will allow you to communicate freely and reduce the cost of a court battle.

3. After You've Applied

Depending on whether you filed for divorce jointly or separately, the subsequent steps you must take may vary slightly.

After the 20-week period of contemplation, you may request a conditional order and proceed with the divorce proceedings. If your application is successful, the court will issue a certificate of entitlement and explain when your conditional order will be issued.

After obtaining the conditional order, the divorce is one step closer to being finalised. Before requesting the final order, the conditional order is issued with a 6-week waiting period. During this time, you may explore Family mediation in Andover; this will help you sit down with your ex-spouse and come to a fair agreement for both parties.

Obtain a binding order (previously a decree absolute)

Before your divorce may be finalised, you must make an application for a final order after obtaining a conditional order. This was once known as an absolute decree if your divorce petition was filed prior to April 6, 2022.

Six weeks and one day following the hearing for the conditional order, you may submit for the final order. Once the final order has been received, you are officially divorced and no longer married. Although you may file for a final order 43 days following the conditional order, it may be smart to wait until all divorce-related financial matters have been resolved before doing so.

Online or by mail, you may submit your application for a final order. The court will explain the particulars of this procedure, and additional information is available on the government website.

Each individual will receive a copy of the final order once it has been issued. In the event that you desire to remarry in the future, you will require this documentation to prove your marital status.

Utilizing Mediation Birmingham To Facilitate Your Divorce

Even if obtaining a document indicating that a couple is no longer married has gotten easier, post-divorce agreement disputes might hinder the divorce process. Nevertheless, there is a way to simplify the process.

Family Mediation Birmingham supports divorcing spouses in locating mutually acceptable alternatives outside of the court system. Although the costs of Birmingham mediation vary from company to company, it is typically far less expensive than hiring a lawyer, and for certain individuals, it is even free, as legal aid is still available for Andover mediation.

When divorcing, spouses utilise mediation Birmingham  to resolve key issues such as property, savings and debts, financial support and pensions, child custody, and other issues.

Our skilled family mediators at Fixed Price Divorce Service Family Mediation Birmingham have opened more than 32,000 divorce cases and are here to assist you throughout the divorce process. Learn more about our family mediation services by contacting us.