Overview
Divorce Route in Family Law (UK)
Divorce is the legal process that ends a marriage in the UK. It involves several steps, including filing a divorce application, resolving financial matters, and arranging child custody if applicable. The process is designed to be as straightforward as possible, but it can still be emotionally and legally complex. This guide outlines the divorce route in the UK and includes frequently asked questions to help you understand the process.
Grounds for Divorce:
In the UK, there is now a “no-fault” divorce system, meaning you no longer need to prove that your partner is at fault. The grounds for divorce are:
- Irretrievable Breakdown: The only ground for divorce is the irretrievable breakdown of the marriage, which can be cited without attributing blame to either party.
The Divorce Process:
Filing for Divorce
Application: The divorce process starts when one spouse (the applicant) files a divorce application with the court. This can be done online or by post.
Joint or Sole Application: You can apply for divorce alone or jointly with your spouse.
Responding to the Divorce:
Acknowledgment of Service: If the divorce is a sole application, the other spouse (the respondent) must acknowledge receipt of the application and confirm whether they agree to the divorce.
Conditional Order:
Application for Conditional Order: Once the respondent has acknowledged the divorce, the applicant can apply for a Conditional Order (previously known as Decree Nisi). This is the court’s acknowledgment that the legal requirements for divorce have been met.
Waiting Period: There is a mandatory waiting period of 20 weeks from the start of proceedings before the Conditional Order can be granted.
Final Order:
Application for Final Order: Six weeks after the Conditional Order is granted, the applicant can apply for the Final Order (previously known as Decree Absolute). Once granted, the marriage is legally ended.
Financial Settlements:
- Consent Order: Financial matters, including property, savings, pensions, and maintenance, should be resolved either before or during the divorce. A Consent Order is a legal document that records the agreement reached by both parties, which is then approved by the court.
- Court Decisions: If an agreement cannot be reached, the court can make decisions on the division of assets and any financial support.
Child Arrangements:
- Parental Responsibility: Both parents usually continue to have parental responsibility after divorce.
- Child Arrangement Orders: If parents cannot agree on where the children will live and how much time they will spend with each parent, the court can issue a Child Arrangement Order to formalize the arrangements.
FAQ (Frequently asked questions):
The entire process typically takes around 6 to 8 months, depending on the complexity of the case and how quickly each stage is completed.
Yes, a couple can now apply for a divorce jointly, making the process more collaborative.
Most divorces are handled without needing to appear in court. However, if there are disputes over children or finances, a court hearing may be necessary.
A Conditional Order is a document from the court that says the divorce can go ahead. It is the first stage of the legal process of divorce, followed by the Final Order.
Division of property depends on various factors, including the length of the marriage, financial contributions, and the needs of each party, especially if children are involved. It’s usually resolved through negotiation or a court order.
Yes, under the no-fault divorce law, you can still proceed with the divorce even if your spouse does not agree, as long as the court process is followed.
While you can handle a divorce yourself, having a solicitor ensures that your rights are protected, especially in complex cases involving children or finances.
Joint debts remain the responsibility of both parties. It’s important to address these in your financial settlement to avoid future disputes.
You can withdraw your application at any time before the Final Order is granted. However, once the Final Order is issued, the divorce is final.
Parents can agree on arrangements themselves, or with the help of mediation. If they cannot agree, the court may need to decide on the arrangements.
If your spouse refuses to respond to the divorce application, you can apply for a court order allowing the divorce to proceed without their input.
The Final Order is the legal document that officially ends your marriage. Once this is issued, you are legally divorced and free to remarry if you choose.
For Expert legal advice and assistance, reach out to Imran & Co Solicitors today.
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