Family Mediation Canterbury
Family Mediation Canterbury
How To Seek A Divorce: An Explanation Of The New Divorce Procedure
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 (the legal system in Scotland is significantly different), there are a few things you should be aware of to make the process as stress-free as possible.
In England and Wales, there is no such thing as a “fast” divorce, thus this is the most vital truth to know. Despite this, divorce proceedings in England and Wales have been significantly modified. Historically, spouses were required to apply for divorce on one of five grounds: adultery, unreasonable behaviour, minimum separation of two years, minimum separation of five years, or desertion.
The amended no-fault divorce regulations permit separated spouses to apply for divorce without stating any of the five acceptable grounds. If the couple has been married for over a year, they may seek for divorce on the grounds of irretrievable breakdown. Previously, a spouse who opposed a divorce might file an objection to stop the proceeding. This is currently impossible.
Despite the implementation of simplified no-fault divorce procedures, it still takes about six months to secure a divorce. If you reside in England and Wales and are contemplating divorce, you must examine a variety of things. This page describes the divorce procedure, from filing for divorce through finalising the paperwork.
1. Before Applying
You and your spouse must choose between submitting a combined or separate application. 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:
- It has been nearly a year since your wedding.
- The marriage is recognised by law
Applying together (joint application)
One of the most significant additions to the new divorce law is the possibility to submit a joint petition for divorce if both parties agree that the marriage has ended. This amendment acknowledges that a substantial number of married couples believe they have no future together and wish to dissolve their partnership with mutual respect and cooperation.
For the divorce petition to be recognised as a joint application, both you and your spouse must file electronically or via mail.
After filing for divorce, both parties must separately acknowledge their intent to proceed with the divorce application. This occurs during the entirety of the divorce process.
If your ex-spouse ceases responding or participating in the application process, you will be permitted to proceed 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 necessary actions to finalise the divorce.
Applying independently (sole application)
Occasionally, one spouse will file for divorce on their own. This is referred to as a single application. This occurs frequently in the instances listed below:
- If your ex-spouse does not want a divorce, you are unable to file for one.
- If you do not feel your ex-spouse will comply with court orders or respond to court communications, you must file a motion.
- In the same petition, the applicant requests both a conditional and final order.
- How expensive is a divorce?
To file for divorce in the United Kingdom, one must pay a court charge of £593. This charge is non-refundable and required for all divorce filings. There may be government funding available to aid with court costs. Visit their website for additional details and instructions on how to submit an application for court fee assistance.
All divorce-related fees must be levied in addition to this one-time court fee. During the divorce process, some people seek legal counsel. This type of legal assistance is no longer available, so you will have to pay several hundred pounds to have someone perform a work that the vast majority of people are capable of completing themselves.
The majority of individuals regard obtaining a divorce – so that they are no longer married and have a legal document proving this – to be the simplest stage in the divorce process. Far more difficult are the practical components of the divorce, such as the financial settlement and child custody agreements. In addition to reducing stress and saving tens of thousands of pounds, treating these practical parts of a divorce correctly could save tens of thousands of pounds and minimise delay. Family Mediation Canterbury will aid with the difficult decisions relating to the divorce.
2. Submitting An Application
You may submit a divorce petition online or by mail. On the government website, a divorce petition can be found (also known as Form D8). The application must then be accompanied by either the original or a copy of the marriage licence.
Family Mediation Canterbury should be addressed when determining divorce-related objectives. This will promote open communication and decrease the cost of a court struggle.
3. After You've Applied
Depending on whether you filed for divorce jointly or separately, the next stages may differ.
After the twenty-week time of contemplation, 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 finalisation. Before requesting the final order, there is a 6-week waiting period for the conditional order. During this time, you may like to investigate Family mediation Canterbury; this will enable you to sit down with your ex-spouse and reach a mutually beneficial agreement.
Obtain a legal order (previously a decree absolute)
After obtaining a conditional order, you must file for a final order before your divorce may be finalised. If you filed for divorce prior to April 6, 2022, this was previously known as an absolute decree.
Six weeks and one day after the hearing for the conditional order, the final order can be filed. You are no longer legally married after receiving the final divorce decree. 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 procedure’s mechanics, and the government website contains additional details.
After the final order has been issued, each individual will receive a copy. If you intend to remarry in the future, you will need these documents to prove your marital status.
Utilizing Mediation Canterbury To Facilitate Your Divorce
Even if it is now easier to obtain a document proving that a couple is no longer married, post-divorce agreement disputes may delay the divorce process. However, there is a way to simplify the operation.
Family Mediation Canterbury assists divorced couples in selecting alternatives to court that are mutually agreeable. Although the cost of Canterbury mediation varies from business to business, it is often far less expensive than hiring an attorney, and for some individuals it is even free, as legal assistance for Canterbury mediation is still accessible.
Canterbury mediation is used by divorcing couples to resolve critical issues like as property, assets, and debts, financial support and pensions, child custody, and other complications.
Our expert family mediators at Fixed Price Divorce Service Family Mediation Canterbury are available to assist you throughout the divorce procedure. Contact us to learn more about our family mediation services in Canterbury.