1. Confirm Grounds for Divorce
In the UK, divorce is now based on a "no-fault" system, which became effective in April 2022 under the Divorce, Dissolution and Separation Act 2020. This means that neither party needs to prove any wrongdoing. Instead, one or both parties simply need to confirm that the marriage has irretrievably broken down. This shift is designed to reduce animosity and create a more amicable process.
2. Determine Eligibility
To apply for a divorce in the UK, certain eligibility criteria must be met:
- You must be married for at least one year.
- Either you or your spouse must live in England or Wales or meet other specific domicile requirements.
- You must provide the original marriage certificate (or a certified copy if the original isn’t available).
3. File the Divorce Application
With the introduction of the no-fault divorce, the process can be initiated by a sole applicant or as a joint application, providing flexibility depending on your circumstances and relationship dynamics.
The application can be submitted online or in paper form, and it includes providing basic information such as:
- Personal details of both spouses
- A statement confirming that the marriage has broken down irretrievably
- The original marriage certificate
The application fee is currently £593, though this may vary over time. If you’re in financial hardship, you may be eligible for fee assistance.
4. The Court Process Begins
Once the application is filed, the court reviews it and serves the divorce papers to the respondent (the other spouse) if it’s a sole application. The respondent has 14 days to acknowledge receipt. After this, the applicant can apply for a Conditional Order, the first official court order that signifies the court sees no reason why the divorce cannot proceed.
*Please see note on Financial Matter in Divorce below.
5. Final Order
After the Conditional Order is granted, the applicant must wait at least six weeks and one day to apply for the Final Order (previously known as the Decree Absolute). The Final Order legally ends the marriage. Only after this step are both parties free to remarry or pursue other legal statuses.
Financial Matters in Divorce
Finances are often the most complex aspect of divorce. Divorce does not automatically separate financial ties between spouses; you need a separate financial order from the court for that.
It is essential to resolve financial matters in a legally binding order before finalizing a divorce because, without it, financial ties between ex-spouses remain open indefinitely. This means either party could potentially make financial claims against the other in the future, even years after the divorce is finalized.
By reaching an agreement and securing a court-approved financial order, both parties gain certainty and protection, preventing unexpected claims on future earnings, inheritances, or other assets. This clarity enables both parties to move forward independently, with full assurance that all financial obligations and rights have been settled permanently.
Negotiating a Financial Settlement
There are several types of financial orders that the court can make, including:
- Property adjustment orders: These may include transferring ownership of a shared home or selling it and dividing the proceeds.
- Lump sum orders: One spouse may be required to make a one-time payment to the other.
- Spousal maintenance orders: Ongoing payments from one spouse to the other, typically until they are financially independent.
Many couples successfully reach an agreement on financial matters through negotiation, without the need for a formal court hearing. When both parties come to a mutual arrangement on how to divide assets, a consent order can be drawn up. This is a legally binding document outlining the agreed financial terms and is then submitted to the court for approval.
By creating a consent order, you can finalize financial matters without needing the court to intervene beyond approving the order. This process not only reduces stress but also helps keep costs down by avoiding protracted court proceedings. Both parties must fully disclose their financial information for the court to assess and approve the consent order, ensuring fairness.
Mediation and Alternative Dispute Resolution (ADR)
If an agreement cannot be reached, mediation or other forms of ADR are highly encouraged. These approaches promote communication and negotiation with the assistance of neutral professionals, often reducing both time and costs involved.
Considering Pension Sharing
Pensions are often overlooked but can be a significant marital asset. Courts can make pension-sharing orders to divide pensions fairly, considering both parties’ contributions and future needs.
A Clean Break
Many divorcing couples seek a “clean break,” which is a final financial order that ends financial obligations between former spouses. However, this option may not be suitable for all, particularly where spousal maintenance is required due to a significant disparity in incomes.
Civil-Partnerships and Same-sex couples.
The divorce process for same-sex couples and civil partners has similarities to that for heterosexual couples, but some key differences remain. Civil partners go through a "dissolution" rather than a divorce, and adultery isn't grounds for ending a civil partnership, unlike with marriages. For couples with children, legal parental status can be more complex, especially if only one partner has a biological or legal connection to the child. Additionally, same-sex couples with international ties might face unique residency issues if one partner’s country doesn’t recognize same-sex partnerships, making legal guidance crucial in such cases.
Conclusion
Divorce can be a challenging process but knowing what to expect at each stage and having a clear view of financial considerations can help you make informed decisions.
Consulting a solicitor early on can be invaluable in ensuring that your interests are protected, especially regarding complex financial assets like property and pensions.
If you wish to speak to Ela Jones regarding initiating divorce proceedings or about any divorce and matrimonial finance concerns, please call the office on 01745 343661, or email ela.jones@edwardhughes.uk.