Divorces can be an incredibly stressful and emotional period of your life. Not only that, they can be somewhat confusing too, especially if you’ve never experienced one before. But not to worry – here we have created an easy step-by-step guide to help you understand the different steps in the process.
While the divorce process can vary depending on individual circumstances, here is the general overview of how it works:
- File the divorce application
- Apply for your Conditional Order
- Arrange financial and child arrangements
- Apply for your Final Order
1. File the Divorce Application
The first step in the divorce process is to file the divorce application. This can be filed by one spouse against the other (by a Sole Application) or can be filed by both parties jointly (by a Joint Application).
Within the application, you must include a ‘statement of irretrievable breakdown’ to confirm that the relationship has run its course. At this point, it’s worth seeking advice from a professional divorce lawyer to ensure all of the application details are correct.
What Is the No Fault Divorce Law?
As of April 2022, there has been a no-fault divorce system in the UK. This system removes the need for blame to be assigned in the divorce process. Prior to the new system, it was required to provide one of five grounds for divorce. These grounds included:
- One spouse has committed adultery
- The behaviour of one spouse is deemed intolerable to live with
- One spouse has deserted the other for a continuous period of at least 2 years
- Both spouses have lived apart for at least 2 years, and both consent to the divorce
- Both spouses have lived apart for at least 5 years, and consent of the other spouse is not required.
Under the new law, it is only required to state irretrievable breakdown as the reason for the divorce. These changes are intended to reduce stress in a divorce providing the opportunity to focus on achieving the best outcome. It also means that the responding party cannot contest the divorce application.
In regards to time frames, no-fault proceedings include a required “cooling off period” which gives both parties ‘a meaningful period of reflection and the chance to reconsider’, therefore lengthening the process. With the introduction of the no-fault divorce in the UK, it now takes a minimum of 26 weeks or 6 months to get a marriage terminated.
If your spouse makes a sole application for divorce, you will be notified by the relevant court and must reply within 14 days with an ‘acknowledgement of service’ form.
2. Apply for Your Conditional Offer
Once the acknowledgment of service has been returned to the court, the Applicant can then apply for a Conditional Order (formerly known as Decree Nisi). If the court is satisfied with the petition, a judge will review the case and issue the Conditional Order. This is a document that states the court does not see any reason why you cannot divorce, and marks an important stage in the divorce process.
The Conditional Order is considered provisional or conditional because it does not mean that you are divorced. It does not terminate the marriage or allow either party to remarry. A couple are still legally married after a Conditional Order is granted until the Final Order, is granted.
In the UK, there is a compulsory waiting period of at least 6 weeks and 1 day between the Conditional Order and the application for the Final Order. During this time, both parties have an opportunity to settle financial matters and other issues that might have led to the divorce.
It’s crucial to consult with a family law solicitor as they can provide guidance tailored to your specific circumstances and ensure you understand the implications and process involved in obtaining a Conditional Order and Final Order. It is also essential to obtain advice from a specialist solicitor in respect of financial matters arising from your divorce.
3. Arrange Financial and Child Arrangements
During the Conditional Order waiting period, it’s common for both parties to address and negotiate financial matters and child arrangements. This includes a schedule of care for the children, child maintenance as well as property division, pension sharing and spousal maintenance. Whilst matters relating to the Children can be dealt with at any time, including after the Final Order, financial arrangements should be settled prior to applying for the Decree Absolute, and there’s a number of reasons why.
Everything relating to a person’s financial wellbeing changes when they divorce. It also affects what happens when you die and the validity of any Will you have. Life policies and pension nominations are also affected. It is therefore very important to resolve financial via a solicitor, before your Final Order.
Prioritising child arrangements during the early divorce period is also preferable for the well-being of the children involved. Resolving child and financial matters prior to Final Order also ensures a more efficient resolution of the divorce in the long-run. By addressing these issues early, it reduces the likelihood of lengthened conflicts and further court proceedings, saving stress, costs and time for both people involved.
4. Apply for Your Final Order
Once the waiting period of 6 weeks is over, the petitioner can then apply for the Final Order (formerly known as Decree Absolute) and if this is granted, the parties are legally divorced from each other, and both are able to remarry, if they wish. Remarriage can prevent you from making financial claims against your ex-spouse and you should therefore ensure you have all financial maters resolved prior to remarriage.
Remember that obtaining the Final Order should only be done after serious consideration of the matters mentioned in point 3, and you must speak to your solicitor to ensure you understand the implications and timing of applying for the Final Order.
How We Can Help
At Harding Evans, our expert divorce solicitors in Cardiff and Newport understand that getting divorced is an emotionally challenging and unsettling time. Aside from being legal experts in divorce, we always strive to deal with each case with the highest level of sensitivity.
Get in touch with a member of our team today to discuss the next steps.
