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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 are contemplating divorce in England or Wales (the legal system in Scotland is somewhat different), there are a few things you should know to make the process as stress-free as possible.

Since there is no such thing as a “quick” divorce in England and Wales, this is the most important fact to know. In spite of this, divorce procedures in England and Wales have undergone significant adjustments. Historically, spouses were needed to file for divorce on one of five grounds: adultery, unreasonable behaviour, separation for a minimum of two years, separation for a minimum of five years, or desertion.

The revised no-fault divorce laws allow separated spouses to file for divorce without citing any of the five reasons for divorce. If the couple has been married for more than a year, they may file for divorce based on irretrievable breakdown of the marriage. Previously, a spouse who did not want a divorce might file an objection to halt the proceeding. Currently, this is impossible.

Despite the implementation of simplified no-fault divorce procedures, obtaining 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 explain the divorce procedure, from filing for divorce through completing the final paperwork.

1. Before Applying

You and your spouse must decide whether to submit a joint application or separate applications. Verifying your divorce eligibility

Prior to initiating divorce proceedings, eligibility must be determined. In order to obtain a divorce in England or Wales, the following conditions must be met:

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

Applying together (joint application)

The ability to file a joint petition for divorce if both parties agree that the marriage has ended is one of the most significant additions to the new divorce law. This amendment recognises that a significant number of married couples feel they have no future together and prefer to break their partnership with mutual respect and collaboration.

For the divorce petition to be recognised as a joint application, both you and your spouse must file online or by mail.

Both parties must individually acknowledge their intent to proceed with the divorce application after filing for divorce. This occurs throughout the entire divorce procedure.

You will be authorised to continue as a separate candidate if your ex-spouse stops responding or participating 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 complete the necessary steps to finalise the divorce.

Applying on one’s own (sole application)

On occasion, one spouse will apply for divorce alone. This is known as a singular application. This occurs regularly in the following situations:

  • If your ex-spouse does not wish a divorce, you cannot 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 wants both a conditional and final order in the same petition.

How much does a divorce cost?

To file for divorce in the United Kingdom, a court fee of £593 must be paid. This non-refundable fee is needed for all divorce filings. There may be federal assistance available for court costs. Visit their website for further information and directions on how to apply for court fee assistance.

In addition to this one-time court fee, all additional divorce-related fees must be assessed. During the divorce proceedings, some individuals seek legal guidance. This type of legal assistance is no longer available, so you will have to spend several hundred pounds for someone to conduct a task that the vast majority of individuals are capable of accomplishing on their own.

The majority of people find that obtaining a divorce – so that they are no longer married and have a legal document showing this – is the easiest step in the divorce procedure. Far more challenging are the divorce’s practical aspects, such as a financial settlement and child custody agreements. In addition to lowering stress and saving tens of thousands of pounds, the correct handling of these practical aspects of a divorce could save tens of thousands of pounds and prevent delay. Family Mediation Wokingham will assist with the challenging divorce-related decisions.

2. Submitting An Application

You may submit a petition for divorce online or by mail. On the government website, you will find a divorce petition (also known as Form D8). The application is then submitted alongside the original or a copy of the marriage licence.

Family Mediation Wokingham should be considered as you determine your divorce goals. This will facilitate open communication and reduce the expense of a legal battle.

3. After You've Applied

Your following steps may vary depending on whether you filed for divorce jointly or separately.

After the twenty-week reflection period, you may request a conditional order and proceed with the divorce process. If your petition is approved, the court will provide a certificate of entitlement and explain when your conditional order will be issued.

The divorce is one step closer to being finalised with the conditional order in place. Before requesting the final order, the conditional order is subject to a 6-week waiting period. During this time, you may want to explore Family mediation in Andover; this will allow you to sit down with your ex-spouse and come to a mutually beneficial agreement.

Obtain a legal order (previously a decree absolute)

Before your divorce may be finalised, you must file for a final order after obtaining a conditional order. If your divorce petition was submitted before April 6, 2022, this was formerly referred to as an absolute decree.

Six weeks and one day after the conditional order hearing, the final order can be submitted. After getting the final divorce decree, you are no longer legally married. Although you can file for a final order 43 days following the conditional order, it may be smart to wait until all divorce-related financial difficulties have been resolved before doing so.

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

After the final order has been issued, a copy will be provided to each individual. If you decide to remarry in the future, you will need these documents to confirm your status as a married person.

Utilizing Mediation Wokingham To Facilitate Your Divorce

Even if obtaining a document proving that a couple is no longer married has gotten easier, post-divorce agreement disagreements might delay the divorce process. There is nevertheless a method to simplify the procedure.

Family Mediation Wokingham supports divorced couples in choosing mutually acceptable alternatives to court. Although the cost of Birmingham mediation varies from business to business, it is typically far cheaper than hiring an attorney, and for some individuals it is even free, as legal aid is still available for Andover mediation.

Couples who are divorcing utilise Wokingham mediation to address crucial issues like as property, assets and debts, financial support and pensions, child custody, and other complications.

Our skilled family mediators at Fixed Price Divorce Service Family Mediation Wokingham have launched more than 32,000 divorces and are available to assist you throughout the divorce process. Contact us to learn more about our Wokingham family mediation services.