Divorce

The Divorce, Dissolution and Separation Act 2020 introduced no-fault divorce, meaning that neither party is required to assign blame or provide specific reasons for the marriage breakdown.

This change aims to reduce conflict between spouses, making the process less confrontational, especially when children are involved.

Divorces can be initiated by one spouse (sole application) or jointly by both parties (joint application).

In the case of a joint application, both parties agree to the divorce, which simplifies proceedings.

The divorce process is divided into a few key stages:

Application: The divorce process begins when one or both parties submit a divorce application (also known as a petition).

Cooling-off Period: The law mandates a minimum 20-week reflection period between the start of the process and when the court grants a conditional order of divorce. This gives couples time to reconsider their decision if they wish.

Conditional Order: Formerly called the decree nisi, this is the first stage of legal approval, confirming that the court sees no reason why the divorce should not proceed.

Final Order: After six weeks from the conditional order, the final order (previously the decree absolute) can be applied for, officially ending the marriage. A final order of divorce does not end your financial ties.

Divorce does not automatically resolve financial matters.
Couples must resolve their finances either privately or through the courts.

Financial issues to consider include the division of assets (e.g. property, savings, pensions), spousal maintenance (if applicable), and child maintenance.

The court can make financial orders to ensure a fair division, including lump sum payments, property transfer, or ongoing maintenance payments.

While divorce proceedings deal with the dissolution of marriage, arrangements concerning children are handled separately, though often alongside the divorce process.

Decisions about where children live and how much time they spend with each parent (child custody and visitation) can be agreed upon by the parents or decided by the court if there is a dispute.

‍

The court fee for filing a divorce application is £593 (as of 2024). Other costs may include legal fees if the parties involve solicitors.

Parties can represent themselves (known as litigants in person) to reduce costs, although professional legal advice is recommended, especially in complex cases involving finances and children.

CH Family Law Ltd offers a fixed fee, all-inclusive Divorce Package for £1,000 plus VAT.

‍

The same divorce procedures apply to the dissolution of civil partnerships. The main difference is that adultery is not recognized as a fact for dissolution in civil partnerships.

‍

Couples are encouraged to consider mediation or collaborative law to resolve disputes, especially concerning finances and children, outside of the courtroom. ADR can save time and reduce the emotional and financial costs of litigation.

Mediation can be an exemption to the requirement in relationships where one partner has suffered domestic abuse.

‍

If domestic abuse is an issue, special provisions, such as protective injunctions, are available.
‍

The divorce process in England and Wales has become more straightforward following recent reforms, particularly with the introduction of no-fault divorce.

While the legal process itself is structured and procedural, issues surrounding finances and children can add complexity. Seeking legal advice is recommended, particularly in more contentious cases.

CH Family Law Ltd offers a free initial advice appointment. Get in touch for free advice on how best to proceed.

‍