Divorce, or dissolution of a civil partnership, can be extremely overwhelming and stressful. It is not an easy decision to make, nor is it straightforward emotionally, particularly if you were not part of the decision-making process. It is our aim to provide you with support and guidance, thereby reducing stress and upset as much as possible. We will be with you every step of the way.
The word “divorce” will be used throughout but refers to both divorce and dissolution.
The following sets out the process when matters are straightforward, but difficulties can arise along the way. If you are experiencing any issues, for example you are not sure how to contact your former partner or do not know where they live, you should seek legal advice as there may be further steps you need to take. In addition, there may be considerations in relation to jurisdiction, and it is important to ensure in those circumstances, you seek legal advice as soon as possible.
In any event, it is advisable to seek legal advice before issuing divorce proceedings to discuss the timing and resulting financial implications.
The divorce and dissolution process in England and Wales can be straightforward, although for some couples, there may be complicating factors that will need to be considered.
The law in relation to divorce changed on 6 April 2022, when the element of fault was removed. Now, rather than having to prove an element of fault (for example adultery or unreasonable behaviour) or wait for 5 years, the parties simply need to confirm that the marriage has broken down irretrievably.
In order to be able to issue a divorce application, you must have been married or in a civil partnership for at least one year prior to the divorce application and satisfy the jurisdiction requirements. We can discuss these criteria with you, to include consideration as to whether divorce proceedings could be issued in another country. If you have concerns about any issues in relation to jurisdiction, it is important that you seek legal advice as soon as possible.
The divorce process is normally entirely based online and does not require an appearance in court.
Step One: The Divorce Application
It is now open to couples either to issue a divorce application on a sole basis, or a joint basis. By enabling couples to issue jointly, the court hopes that it will encourage a more collaborative approach and reduce potential animosity.
It is within the divorce application that a statement has to be provided confirming that the marriage has irretrievably broken down. This statement will be taken as definitive proof by the court that the marriage has broken down.
When a sole application is issued, it will be sent to your former partner by the court, at their usual email address, and a notification sent by post. Wherever possible, always ensure that you use a personal email address, rather than a work-based email address that may not be confidential.
Step Two: Acknowledgement
If you issue a sole divorce application, your former partner will be required to acknowledge receipt of the divorce application.
If a joint divorce application has been issued, then there is no need for either party to acknowledge receipt of the divorce application as each will be involved in the application process.
Step Three: Period of reflection
From the date the divorce application is issued, a 20-week period of reflection will commence. The purpose of this period is to provide the parties with time to reflect upon their decision to divorce, to consider whether it remains the right decision for them and to obtain legal advice in relation to any financial matters that may need to be resolved.
In exceptional circumstances, it may be possible to apply to the court to reduce the period of 20 weeks before applying for a Conditional Order, for example where there are life-limiting health issues.
Step Four: Conditional Order
Once the 20-week reflection period has elapsed, the parties may then apply for a Conditional Order.
A Conditional Order (formerly called a Decree Nisi) does not dissolve your marriage, but it does crucially enable the court to make orders in respect of financial matters arising from the marriage or civil partnership.
In order for the court to make the Conditional Order, it must receive confirmation from one or both parties that they wish to proceed with divorce application. If the court is satisfied, then you will be notified of the date that the court will pronounce the Conditional Order. There is no need for either party to attend court for that purpose.
It is possible at this stage (and at the Final Divorce Order stage) for a joint application to be converted to a sole application if any particular difficulties arise, such as one applicant not engaging in the divorce process.
Once the Conditional Order has been pronounced, it will start a time period of 6 weeks and 1 day before you may apply for the Final Divorce Order.
Step Five: Final Divorce Order
The Final Divorce Order (formerly called the Decree Absolute) will legally bring your marriage to an end.
Either one or both parties can apply for the Final Divorce Order, once a period of 6 weeks and 1 day has elapsed since the date of the Conditional Order.
It is best practice not to apply for the Final Divorce Order until such time as all financial matters have been resolved between you. The reason to remain married until all financial matters are resolved is to protect any benefits that you may have, should your spouse die before a final financial order has been made (e.g. inheritance, pension rights, etc).
Divorce for international couples
If one or both of you lives abroad, or if one of you has another nationality (other than British), then there are complicated rules that determine in which country your divorce can take place.
If you think your husband or wife may be going to petition for divorce in a country outside England and Wales, you should act quickly to ensure the divorce is dealt with in the most advantageous country for you. We can give rapid and expert advice on this.
Separation for unmarried couples
If you are neither married nor in a civil partnership, you will not need to go through the divorce process outlined above, but there will probably still be financial matters that you will need to address. You will also need to agree arrangements for any children.
Click here for an overview on Property & Finances and click here for an overview on Children matters.
If you have any questions, then please do not hesitate to contact us at enquiries@tandsfamilylaw.com.
