Mitchell Ryan Solicitors
family law specialists
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Divorce

The Divorce process itself is relatively straightforward and is ordinarily paper-based, without the need to attend Court. That said, it is of fundamental importance that the Divorce Petition and associated papers are correctly completed, to ensure that matters proceed smoothly, in a timely manner, and cost-effectively, with your position being fully protected at all times. It is very important to understand that a Divorce simply dissolves your marriage and does not sever you financially from your spouse. Therefore, if you want to ensure your financial protection and prevent unexpected future claims, your matrimonial finances need to be addressed and concluded alongside the Divorce.

 

Divorce

The process to legally end you marriage is straightforward and ordinarily paper-based, without the need to attend Court.  That said, it is of fundamental importance that the Application for Divorce and associated papers are correctly completed, to ensure that matters proceed smoothly, in a timely manner, and cost-effectively, with your position being fully protected at all times.  It is very important to understand that a Divorce simply dissolves your marriage and does not sever you financially from your spouse. Therefore, if you want to ensure your financial protection and prevent unexpected future claims, your finances need to be addressed and concluded alongside the Divorce.  

The Application for Divorce is the very start of both legally ending your marriage and your financial application, so ensuring that the documentation is correctly completed at the outset is of the utmost importance.

You can obtain a Divorce in England or Wales if you have been married Partnership for at least a year and your marriage has irretrievably broken down.

The law on Divorce changed on the 6th April 2022 and the no fault Divorce now replaces the old system.

Essentially, no fault Divorce removes the requirement to provide evidence of ‘conduct’ (unreasonable behaviour or adultery), or ‘separation’.  It replaces this with a simple requirement to give a statement of irretrievable breakdown of the marriage or civil partnership.

To obtain a Divorce in England and Wales under the old law, your marriage had to have irretrievably broken down.  To show this, however, you had to confirm one of the following:

  1. The other person had committed adultery;

  2. The other person had behaved in such a way that you could not reasonably be expected to live with them anymore;

  3. You had been separated for two years and the other person consented to the Divorce;

  4. You had been separated for five years; or

  5. The other person had deserted you for at least two years.

Unless therefore you had been separated for at least two years, you had to say that your spouse’s conduct was the reason for the breakdown of the marriage.

Under the new law, this is no longer necessary.  The no fault Divorce application contains a statement in which you confirm that the marriage has irretrievably broken down.  A further change is that you can now also make a joint application with your spouse.

There are also much more limited grounds on which the other person can object to the Divorce proceedings.  It is hoped that this should make the process easier and more conciliatory.

The terminology we use has also changed:

  • A Divorce petition is now an application;

  • A Petitioner is now an Applicant;

  • The Decree Nisi is now a Conditional Order; and

  • Decree Absolute is now a Final Order.

Anyone who is entitled to Divorce in the jurisdiction of England and Wales can apply for a no-fault Divorce.

The process is broadly as follows:

  1. One party (or both parties together if a joint application) will give notice that the marriage has irretrievably broken down by completing a Divorce application.

  2. 20 weeks after the application has been issued by the court, the Applicant (or Applicants) confirm that they want to proceed with the Divorce by applying for a Conditional Order.

  3. The court can then make a Conditional Order.

  4. After a further 6 weeks, the court can make a Final Order, which brings the marriage to an end.

It will therefore take a minimum of 26 weeks from start to finish.  We will use this time to discuss and negotiate the terms of financial settlement and endeavour to agree a Financial Remedy Consent Order.

We are able to assist and advise you throughout the whole Divorce process, which can be both stressful and daunting. 

We are also able to offer, in most cases, a fixed fee service in relation to your Divorce and we may also be able to apply to reduce or waive the usual Court fee of £593, depending on your financial circumstances.

We offer a FREE first appointment, so take the first step and reach out to us now by either telephone on 01962 809056 | 02380 653785 or email us to arrange a convenient time on contact@mitchellryansolicitors.co.uk.