Divorce may be a lengthy and difficult process, particularly for those inexperienced with the legal system. If you are considering divorce in England or Wales (Scotland has its own legal system, which is considerably different), there are a few things you should be aware of to make the process as stress-free as possible.
This is the most critical element to know, as there is no such thing as a “fast” divorce in England and Wales. Despite this, the divorce procedure in England and Wales has experienced considerable changes. Historically, spouses were required to apply for divorce on one of five grounds: adultery, unreasonable behaviour, separation for at least two years, separation for at least five years, or desertion.
The updated no-fault divorce statutes permit separated spouses to seek for divorce without stating one of the five grounds for divorce. If the couple has been married for more than a year, they may seek for divorce on the grounds that their marriage has irretrievably broken down. In the past, a spouse who did not want a divorce might file an objection to stop the process. This is currently impossible.
Despite the implementation of simplified no-fault divorce procedures, it still takes about six months to obtain a divorce. If you reside in England and Wales and are contemplating divorce, you must examine a variety of things. This page will guide you through the divorce process, from filing for divorce to submitting the final paperwork.
You must decide whether you and your spouse will submit a joint application or separate applications. Verifying your eligibility for divorce
Prior to commencing divorce proceedings, it is necessary to determine eligibility. For a divorce to be granted in England or Wales, the following requirements must be met:
Applying together (joint application)
One of the most significant additions to the new divorce law is the opportunity to submit a joint petition for divorce if both parties agree that the marriage has ended. This amendment acknowledges that many married couples feel they do not have a future together and choose to dissolve their partnership with mutual respect and cooperation.
For the divorce petition to be acknowledged as a joint application, your spouse must use the same application method, either online or by mail.
After filing for divorce, both parties must separately acknowledge their intent to proceed with the divorce application. This occurs at each stage of the divorce procedure.
If your ex-spouse ceases responding or participating in the application process, you will be permitted to continue as a separate candidate. Maintaining an open line of contact with your ex-spouse during the joint divorce application process can aid in ensuring that both parties take the required procedures to finalise the divorce.
Applying by oneself (sole application)
On occasion, one partner will file for divorce on their own. This is referred to as a single application. This occurs frequently in the scenarios below:
How expensive is a divorce?
To file for divorce in the United Kingdom, one must pay a court charge of £593. This non-refundable cost is required of everyone filing for divorce. There may be court expense aid available from the government. Visit their website for court expense assistance for more information and instructions on how to apply.
In addition to this one-time court charge, it is necessary to assess all additional divorce-related expenses. Some individuals desire legal counsel 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 complete a work that the vast majority of people are capable of performing themselves.
For the majority of individuals, obtaining a divorce – so that you are no longer married and have a legal document proving this – is the simplest stage in the divorce process. Dealing with the practical issues of the divorce, such as a financial settlement and child custody agreements, is far more difficult. In addition to reducing stress and saving tens of thousands of pounds, making the proper decision about how to handle these practical parts of a divorce could save tens of thousands of pounds and avoid delay. Family Mediation Bromsgrove will aid with the difficult decisions associated to the divorce.
You may submit a divorce petition online or by mail. A divorce petition (also known as Form D8) can be found on the government website. The application is then filed with the original or a copy of the marriage certificate.
Family Mediation Bromsgrove should be considered while you consider your divorce objectives. This will allow for open communication and lower the cost of a legal struggle.
Depending on whether you filed for divorce jointly or separately, your next actions may differ slightly.
After the twenty-week time of reflection, you may request a conditional order and move forward with the divorce proceedings. The court will issue a certificate of entitlement and explain when your conditional order will be issued if your petition is granted.
With the conditional order in place, the divorce is one step closer to being finalised. Before requesting the final order, a 6-week waiting period is imposed on the conditional order. During this time, you may consider Family mediation in Andover; this will enable you to sit down with your ex-spouse and reach an arrangement that is fair for both parties.
Obtain a legal order (previously a decree absolute)
After getting a conditional order, you must apply for a final order before your divorce may be finalised. If your divorce petition was filed prior to April 6, 2022, this was originally known as an absolute decree.
Six weeks and one day after the hearing for the conditional order, the final order may be submitted. After receiving the final order, you are formally divorced and no longer married. Although you can file for a final order 43 days after the conditional order, it may be prudent to wait until all financial issues relating to the divorce have been handled before doing so.
You may submit your application for a final order online or via mail. The court will explain the specifics of this procedure, and additional details are available on the government’s website.
After the final order has been issued, each individual will receive a copy. If you choose to remarry in the future, you will need this papers to establish your marital status.
Even if acquiring a document confirming that a couple is no longer married has become less difficult, post-divorce agreement disagreements may impede the divorce procedure. However, there is a technique to simplify the procedure.
Family Mediation Bromsgrove assists divorcing couples in identifying alternatives to court that are mutually agreeable. Although the cost of Birmingham mediation varies from business to business, it is often far less expensive than hiring a lawyer, and for some individuals it is even free, as legal aid is still available for Andover mediation.
Mediation Bromsgrove is used by separating couples to resolve critical issues such as property, savings and debts, financial support and pensions, child custody, and other difficulties.
Our expert family mediators at Fixed Price Divorce Service Family Mediation Bromsgrove have initiated over 32,000 divorce cases and are available to assist you throughout the divorce procedure. Contact us to learn more about our family mediation services Bromsgrove.