What to know about getting a divorce in the UK
When considering a divorce, it is essential to be aware of the legal requirements that come with this process as knowledge and preparation can help ensure an easier transition. Taking steps to minimise risk ensures no surprises or delays stand in your way from moving on with your life.
We consider the most important points you should think about:
The divorce process itself
What are the grounds for divorce?
Financial matters
How are children affected?
Using dispute resolution as a ground for divorce
Struggling to navigate the divorce process? Our experienced solicitors are available for tailored advice, so you can gain valuable insight into this difficult time. Take that first step now and contact us today.
The process of getting a divorce in the UK
Achieving a successful divorce is no small feat - but by taking the right steps, you can navigate this process successfully and ensure that your interests are safeguarded. Planning ahead of time to complete each step in an organised fashion will increase the chances for speedier resolutions and help minimise cost along the way.
Filing for divorce: When considering divorce, the first step is to submit an application - either single or joint - to your local family court. This must include a 'statement of irretrievable breakdown' in order for the process to be validated.
Getting advice from an experienced solicitor can make sure all necessary information is included and ensure proceedings run as efficiently as possible.
Responding to a divorce application: If your spouse has taken the step and applied for a divorce, you will be notified by the court. This is their way of informing you that action must be taken with 14 days in order to respond through an 'acknowledgement of service' form.
Conditional order: The Conditional Order is a legal document issued by a court establishing that there is nothing stopping you from getting the divorce.
Couples who are considering a divorce now have the advantage of a 20-week cooling off period before their final decision must be made. This is an important addition to no-fault divorces, as it allows couples time and space to calmly reflect on their choice and make informed decisions about next steps.
Final order: After applying for a Conditional Order, you can then proceed to make your divorce official by obtaining the Final Order. This usually takes about 6 weeks before completion - whereupon your marriage is legally ended and dissolution finalised.
Defending a divorce: It is now difficult to contest a divorce, except when marriage was not lawfully valid or under particular circumstances where English and Welsh courts have no legal authority.
Divorce Settlements: When you go through a divorce, coming to an amicable agreement on how finances and assets like your home will be divided is paramount. If there are children involved in the separation, decisions about who they will live with along with access arrangements and monetary support must also be made.
Grounds for divorce in the UK
In the UK, divorce is possible when an irretrievable breakdown of a marriage has occurred. The application process requires proof to be included in order for it to move forward; this used to involve citing one of five reasons for causing the breakdown. Thankfully, such rigid criteria have been updated so that couples can now instantly apply without further explanation needed.
The criteria used to be:
Adultery,
Unreasonable behaviour
Desertion
Separation for more than 2 years with contact
Separation for more than 5 years without contact
April 2022 saw the implementation of no-fault divorce laws, reducing conflict between couples by eliminating the need to attribute blame during a breakdown in marriage. This legal change has ushered in an era where divorcing parties can move forward with mutual understanding and respect.
Making a settlement
If you're undergoing divorce, an agreement between yourself and your former partner is usually the quickest way to divide assets.
Using mediation or collaborative law can help make sure both parties reach a mutual settlement that's legally binding with a Consent Order - making it more effective for future protection.
Making arrangements for children
Parents who are separating need to make arrangements that prioritise the care of their children. From deciding which parent they will live with, to establishing financial support and setting parameters on contact between both parents - it is essential these decisions safeguard the wellbeing of your kids.
Reaching an arrangement voluntarily is almost always the better option than going to court. Not only could this be more beneficial for you and your children, but it can help prevent any further distress between parents and make successful co-parenting a possibility in the future.
Non-confrontational disputes
Rather than going to court over complicated and sensitive matters, separating couples may now often use non-confrontational dispute resolution methods like mediation or collaborative law. This can enable them to reach agreements on topics such as financial divisions and child arrangements in a less stressful environment.
Mediation and collaborative law provide two viable alternatives to a traditional, often contentious divorce. Each has its own benefits that can be tailored to suit different circumstances.
Mediation: Disputes such as divorce can now be settled amicably outside of the courtroom with mediation.
A neutral mediator acts not just to guide discussions, but to ensure a productive atmosphere where both parties feel safe and respected while they work toward an agreed upon settlement.
Unless domestic abuse or one partner living abroad is involved, anyone considering divorce must attend at least one Mediation Information and Assessment Meeting (MIAM) in order for courts consider their petition--a signed form from a certified mediator being essential evidence that these procedures have been followed before litigation was sought out as recourse.
Collaborative law: Seeking to fully and amicably resolve complexities that commonly arise during the divorce process, trained collaborative lawyers are available for a four-way meeting between both parties. With expert representation on either side of negotiations, far more intricate issues such as jointly owned businesses can be sorted out quickly and effectively in order to arrive at an agreeable settlement.
Why choose Hannah Solicitors?
Hannah Solicitors has been a reliable source of support and expertise for many years, guiding families through the often-challenging process of divorce or separation as smoothly as possible with our specialist family law solicitors. Our in-depth knowledge covers all areas related to these sensitive issues, from financial settlements to arrangements concerning children - plus we excel when it comes to same sex marriages and civil partnerships too!
Divorce doesn't have to be a lengthy, expensive process with emotionally damaging consequences. Our commitment to non-confrontational dispute resolution can help you get divorced quickly and cost effectively while facilitating an amicable relationship between partners. Let us make the divorce journey as smooth and conflict free as possible for all involved.
Struggling through the heartache of divorce? Our experienced team can help you find a resolution - no matter what particular challenge arises. Take your first step towards creating an amicable new beginning by getting in touch with us today: 01933 588 022.