The Divorce and Dissolution Process

In April 2022 the new ‘no fault divorce’ legislation was implemented which changed the divorce process removing the element of blame. It is no longer necessary for the Divorce Petitioner to blame the breakdown of the marriage on their partner’s unreasonable behaviour or adultery or to have to wait 2 years after their separation if they did not wish to blame their partner. All divorce applications must now be made under this new legislation which is hoped to make the divorce process more amicable for the divorcing couple.

The Divorce and Dissolution Process

In Order to apply for a Divorce, you must have been married for at least a year. It does not matter where in the world you married but you will need to be resident or domiciled in England or Wales.

The first step is for your Divorce Application to be issued at the Court along with your marriage certificate. An application can be a ‘Sole Application’, made by one party or a ‘Joint Application’ made by both parties together.

Once the Application is issued an ‘Acknowledgement of Service’ will be served on your spouse by both email and post which they will need to return to the Court stating that they consent to the Divorce. This step only applies to those doing a ‘Sole Application’. Under the new legislation, it is no longer possible to contest a divorce.

Twenty weeks after the Application has been issued at the Court, the Applicant or Applicant 1 can then apply for the “Conditional Order”. This Order confirms that the Court does not see any reason to not grant the Divorce. A copy of this Order will be sent to both parties and from this moment onwards the Court will have jurisdiction to deal with any financial matters. It is important to note that this Order is preliminary and does not bring the marriage to an end.

Six weeks and one day after the “Conditional Order” is granted the Applicant may apply for the “Final Order”. This is the Order that will officially grant your divorce and finalise your marriage, once this has been granted you are free to re-marry if you wish to do so. If the Applicant does not apply for the Final Order within 3 months of being eligible to do so, the Respondent will have the option to do so.

If you and your spouse are not in agreement regarding children or financial arrangements then these will need to be dealt with as a separate matter from the divorce process however, the Court will not grant the Final Order unless it is satisfied that the marital assets have been distributed fairly.

How long will a Divorce take?

The overall divorce process will take a minimum 26 weeks (6 months) to finalise if both parties are in agreement that the marriage has come to an end. It is important to note that these timescales are set by the Court and therefore a “quickie divorce” is simply a myth. Depending on your matter, we may recommend that the ‘Final Order’ application is delayed until a Financial Agreement can be reached, meaning your divorce may take longer than the above timescale.

Financial Agreements

The “Final Order” brings an end to your marriage but does not deal with any financial matters. It is therefore likely that you will need to secure a Financial Agreement to split any properties, savings, debts, pensions or businesses and to ensure there is a ‘Clean Break’ in place. For more information, please visit: Financial Agreements.

Implications in relation to your Will and Lasting Power of Attorney

When you become divorced whilst the Will is still valid, the spouse is treated as though they died at the point of the Final Order. Any appointment of your former spouse, such as Executor / Trustee fails, any gift to them lapses and often falls back into the residue. If you have previously made Lasting, or Enduring Powers of Attorney appointing a spouse as Attorney these appointments are still valid and so you may want to consider revoking them and making new Lasting Powers of Attorney, it is unlikely that you would want your ex-husband or wife managing your financial affairs.

How MJP Law can assist

Our experienced family law experts can assist you with the best way forward. As members of Resolution we ensure that all matters are dealt within their code of practice and that a non-confrontational approach is taken to ensure the best outcome.

If you would like to speak with any of our Family Law or Private Client experts please contact our team on 01202 842929 or info@mjplaw.co.uk and they will be happy to assist.