If your relationship has broken down and divorce seems to be the only way forward for you, then our local divorce lawyers are here to give you all the help and support you need.
The process of getting divorced changed significantly in April 2022 when the ‘No Fault’ divorce regime was launched and new more modern terminology was introduced. The new law encourages a more constructive and conciliatory approach to separation as couples can divorce without one party blaming the other for the breakdown of the marriage or civil partnership.
The divorce process can only begin after 12 months of marriage. If you believe your relationship has irretrievably broken down then you can start the divorce process. Our family law lawyers can help you through this process every step of the way with our fixed fee divorce package.
How does the “No Fault Divorce” process work?
- You can start the divorce as a sole applicant, or you can apply jointly as a couple.
- If you make a sole application, the Court sends your partner a copy of the divorce application and your partner will need to respond acknowledging receipt. You will be the applicant for divorce and your partner will be the respondent.
- A 20-week reflection or cooling off period begins after your application has been issued by the Court. The 20 week reflection period during the divorce is designed to give you time to consider aspects such as finances and arrangements for your children. At the end of this 20 week period of reflection, provided your partner has responded or been proved to have received your divorce application, you can apply for the Conditional Order (previously known as the Decree Nisi). The Conditional Order means that the Court does not see any reason why you cannot divorce.
- The new law does not allow your partner to defend or object to the divorce and the only very limited ground for contesting a divorce is that the Court does not have jurisdiction in relation to the divorce application.
- 43 days after the Court has made a Conditional Order you can apply for a Final Order (previously known as a Decree Absolute).
A joint application for divorce is a new option which is provided with the intention of facilitating an amicable separation. In joint applications both of you will apply for the divorce as Applicant 1 and Applicant 2. You can both have your own solicitors to assist. The process is similar to a sole application but you will both need to agree on steps such as applying for a Conditional Order and a Final Order. Our team of family law solicitors can assist you with deciding whether to proceed with a sole or joint application.
It is very important to consider your financial position and to obtain legal advice in relation to your finances before you obtain a Final Order of divorce. You may lose certain financial rights if you do not do so.
A Final Order of divorce will end your marriage or civil partnership but not your financial ties with your former partner so during the divorce process, and in the vast majority of cases before a Final Order of divorce, it is essential that you consider finances to facilitate you moving forward with a fresh start after the divorce is concluded.
You may also have children with your former partner and you will need to consider arrangements for your children as you move forward independently in the future. We can assist you with these arrangements.
We are here to help you with an all-round approach to the end of your relationship.
We have produced a guide which explains the divorce process from beginning to end. This can be found by clicking here.
Legal Aid is still available for divorce, financial resolution and child arrangements subject to certain conditions and individual circumstances, so if you feel that you may be eligible for Legal Aid support, our Legal Aid Solicitors are here to help.
For more information about Legal Aid, take a look at Our Guide to Legal Aid.
Financial Arrangements
Resolving your finances when you separate or divorce can be a real challenge and a highly stressful process which can, on occasion, cause considerable disagreement.
We are committed to helping you resolve any issues regarding the division of matrimonial/civil partnership finances amicably, wherever possible by sensible negotiation held in a non-confrontational manner.
Finances can be complex and encompass many different aspects that are important to you, such as housing (whether rented or owner occupied), income, payment of debts, investments, investment properties, child and spousal maintenance, and the division of pensions. We are here to help and advise you and to ensure that all aspects of the family finances are disclosed before assisting with negotiation to achieve an agreement.
In order to achieve a fair financial settlement, we consider the entire financial picture of both you and your partner. We analyse all the available financial data before advising you on what a fair and sensible settlement might be.
We have the expertise and resources to assist and guide you through this process.
If you reach an agreement we will draw up a financial consent order. This will be sent to a Court so that a Judge can check that it is fair and meets needs. Once approved by a Judge it will become a legally binding order and you can then begin to move on independently with a fresh start.
Dividing up your finances and ensuring that you are treated fairly is important for you and to us. We will try to negotiate the best possible outcome that we can for you without the need for contested Court Proceedings.
If, however, this is not achievable, we are able to advise and guide you through the Court process for resolving financial disputes. We explain what steps you need to take in order to resolve any financial dispute by application to the Court. Even if you have to start financial remedy proceedings most cases still settle before you reach a final trial when a Judge decides on how finances are divided.
We are here to protect your financial future and help you achieve a fair result.
