FAMILY LAW

When Relationships Break Down: Understanding Divorce and Civil Partnership Dissolution

Nobody enters a marriage or a civil partnership expecting it to end, but sometimes relationships tend to break down, and separation becomes the best option for everyone involved. If you find yourself in this situation, it can feel overwhelming and tricky to navigate, which is why this blog post aims to give you a better understanding of the legal process to help you navigate through this difficult time with confidence and clarity.

Divorce vs. Civil Partnership Dissolution

In the UK, if a marriage comes to an end, the process is called divorce. If a civil partnership needs to be legally ended, it’s called dissolution. Although the terminology is rather different, the process for both is very similar.

The No-Fault Divorce Process

Since April 2022, the UK has introduced a no-fault divorce system. This means you don’t have to prove that one person is to blame for the breakdown of the relationship. Instead, you simply state that the relationship has irretrievably broken down. This also applies to civil partnerships. The aim of the no-fault system is to make the whole process less confrontational and attempts to reduce stress on both parties.

The Divorce/Dissolution Process

The process is now much more straightforward in regard to getting a divorce or dissolution, which is explained in a step-by-step guide.

1. Apply for Divorce or Dissolution

  • You (or both of you together) issue and application for divorce.

  • You pay a fee of £593 (Correct at the time of writing).  You may qualify for a full or partial fee remission depending on your income.

  • If you are applying alone, your partner will be sent a copy and will need to respond to it within 14 days.  If you have applied together, the second applicant will need to approve the application.

2. 20-week cooling off period

  • After 20 weeks, if you still wish to proceed with your divorce or dissolution, you can apply for a Conditional Order.

  • This is a court document confirming that the court sees no legal reason why the divorce cannot go ahead.

3. Apply for a Final Order

  • After another 6 weeks, you can apply for a Final Order.

  • This is the document that officially ends the marriage or civil partnership.

Sorting Out Financial Matters

Many people assume that getting a final order of divorce automatically settles financial matters, but this is not the case. Even if you and your ex-partner agree on how to divide assets between yourselves, you must have this written up into a financial consent order and sealed by the court to ensure it is legally binding.

A financial consent order ensures that:

  • Any financial agreement you make is legally enforceable.

  • Neither party can make future claims against the other.

  • Assets such as property, pensions, and savings are fairly divided.

If you don’t have a Financial Consent Order, your ex-partner could make a financial claim against you in the future – even years after your divorce or dissolution.

Moving Forward

Ending a relationship is never easy, but understanding the process can help you feel more in control. Whether you are going through a divorce or dissolving a civil partnership, taking time to look after yourself, seeking support from friends and family, and getting professional guidance when needed can make a huge difference.

If you’re considering a divorce or dissolution, please don’t hesitate to contact MJP Law and speak to our family law team on 01202 842929. Our experienced solicitors are here to support you through every step of the process.