Inside Divorce

Following the introduction of new divorce law in April 2022, under the Divorce, Dissolution and Separation Act 2020, applying for divorce is not as complicated nor daunting as it may initially seem. The need to outline blame in a divorce is removed. Simply, in order to apply for a divorce, you must state that your marriage has broken down irretrievably.

Applying for divorce

If you come to the conclusion that your marriage has broken down irretrievably, an application for divorce is often advised. The process of application is simple. Either yourself, or a Solicitor should you choose to instruct one, can make an application via the ‘GOV.UK My HMCTS portal’. This portal is the hub of your divorce. You will find all Court and divorce documentation on this portal.

Should you and your spouse remain on amicable terms, there is the ability to apply as joint applicants. This requires both parties to agree upon progressing each stage of the divorce.

As to the stages of divorce, they are as follows;

Firstly, upon you applying for divorce, your application will be served upon your estranged spouse, and you shall be the Applicant in proceedings. The moment your application is issued, a 20-week holding period begins. This holding period has been introduced in the hope that parties are able to present and negotiate upon their financial position and amicably agree upon financial settlement. It is worth noting however, you are not able to apply to the Court for any Financial Order to be considered by a Judge until the conclusion of this 20-week period.

The Conditional Order

Upon the conclusion of the 20-week period, as the Applicant you have the ability to progress to the next stage of the divorce. This next stage is the application for a Conditional Order. The Conditional Order means that the Court deems no reason why the marriage cannot be dissolved. The application for the Conditional Order is completed in the same manner as the original divorce application, via the ‘GOV.UK MyHMCTS portal’.

Following confirmation that the Conditional Order has been applied for, some time thereafter, you will be notified that the Court approve of this application and that you as the Applicant, are entitled to a Conditional Order, such certificate is known as the ‘Certificate of Entitlement’. Additionally, you will be informed of the date of which the Conditional Order will be pronounced. Upon the Conditional Order being pronounced, 6 weeks must pass before you then have the ability to apply for the final stage in the divorce, this being the Final Order.

The Final Order

Upon the Final Order being granted, your marriage has formally been dissolved and you are divorced. It is, however, common practice to refrain from applying for the Final Order until a Financial Order is approved by the Court. Should you apply for the Final Order without a Financial Order being approved, you lose certain spousal rights in property and pensions.

Assistance with the process

The above process can be strenuous and involves multiple stages. It can often be productive to obtain assistance from a Solicitor who is able to advise and assist throughout the process and is well equipped to deal any issues that may arise. If you believe that your spouse may attempt to frustrate the process, there are various methods and further applications which are available in order to continue with your divorce application.

The Financial Separation

The 20-week holding period is an opportunity for you and your spouse to consider the financial separation between the two of you and, where possible, amicably come to an agreement on how assets, income and pensions are to be divided.

Married parties may often have children together and/or financial assets which will need to be considered in the separation. Divorce itself, does not deal with the financial separation nor does it deal with children issues such as the arrangements about where they will live and how much time they will spend with the other parent.

The Matrimonial Causes Act 1973 establishes that any financial separation needs to be fair and reasonable when taking into consideration all the circumstances of the case. The first consideration by the Court is given to the welfare while a minor of any child of the family who has not attained the age of 18.

Several Financial Orders can be made upon dissolution of marriage. When considering what Order to make, the law sets out several factors which should be considered and the factors are set out in Section 25 of the Matrimonial Causes Act 1973. It is important to understand that without an order regulating the financial separation between divorcing couples, whether by agreement or otherwise, applications for Financial Remedy Orders can still be made (with some exceptions) even if the marriage is dissolved.

Pepperells have numerous Solicitors who specialise in Divorce and Financial Remedy and are able to offer their experience and expertise in advising their clients in this tricky area of law. If any of the above should relate to you please contact our Priorities Team or via our Divorce & Separation Helpdesk in order to obtain the assistance you need.