If you are married and you or your spouse have come to the conclusion that your marriage has irretrievably broken down, then you may be considering applying to the Family Court for a divorce.
Similarly, if you are in a registered civil partnership and your or your civil partner have decided that your civil partnership has irretrievably broken down, you can end your civil partnership by applying to the Family Court for a dissolution.
Ending a marriage by divorce and dissolving a civil partnership are very similar processes. There is only one ground for a divorce or civil partnership dissolution in England and Wales. Your marriage or civil partnership must have irretrievably broken down; in other words, it must definitely be over and cannot be saved.
On 6 April 2022, no-fault divorce divorce and dissolution was introduced in England and Wales. It is therefore no longer possible to commence divorce proceedings citing adultery, behaviour, desertion, two years’ separation with consent or five years’ separation. The sole ground for divorce that there must have been an irretrievable breakdown of your marriage or civil partnership remains unchanged. It is impossible to defend (i.e. contest or oppose) a divorce or dissolution application, although it can be disputed in a very small number of circumstances, for example where there are reasons why the court does not have jurisdiction, the parties are already divorced or divorcing in another jurisdiction, or where they were never actually married or in a civil partnership.
It is now possible for both parties to jointly apply to the court for a divorce or dissolution, instead of one party applying on their own. This can be a good option where both sides are co-operative and amicable.
In most cases, where a marriage or civil partnership has irretrievably broken down and there is going to be a divorce, it is usually prudent to start the divorce application without delay. This is because there is a lengthy waiting period built into the new procedure. Until the waiting period has expired, no application can be made for the conditional order. The conditional order is an essential prerequisite before a financial order can be made by the court, so in most cases it is sensible to get the application underway so that the conditional order can be obtained as soon as possible. Delaying the conditional order means also delaying the financial order, which may cause delay when implementing any financial agreement.
Although the process for obtaining a divorce or dissolution may appear simpler than the old fault-based law, there are still things that can go wrong if the application is not pursued properly or steps are taken too early, particularly in relation to financial issues. For example, it is normally good practice to delay obtaining the final order until all financial matters have been agreed and the court has made a financial order.
Concluding a divorce will not conclude financial issues or prevent financial claims being made in the future. If you divorce, it is essential that you also seek a financial order from the court to obtain a legally binding and enforceable order which can also prevent further claims.
If a divorce or dissolution seems likely, it is prudent to seek legal advice from a specialist family law solicitor at an early stage, even if you do not intend to seek a divorce or dissolution immediately and are just separating for the time being. You will then have an understanding of what your legal position is and what your options are at at an early stage, as well about other issues, such as financial matters and arrangements for your children.
Armstrong Family Law can give you advice tailored to your personal circumstances. You won’t be pressured into starting a divorce or dissolution if you are not ready. I will explain to you what your choices are so that you can then decide what steps you should take, if any, and what you should try to avoid doing. You make the decisions; my role is to give you the advice and information that you need to make that decision, whatever that may be.
This blog gives more information about how the new divorce and dissolution law works.
You may be tempted to represent yourself, but divorce can be much more complicated than you expect. Using a specialist solicitor for advice and representation helps ensure that such a huge change in your life is sorted out properly.
I can advise you and act for you in relation to:
• Separating from your spouse or civil partner.
• Divorcing your spouse or jointly applying for a divorce.
• Dissolution of your civil partnership, or jointly applying for a dissolution.
Straightforward undisputed divorce or dissolution proceedings are available on a fixed fee basis.
I can also give you specialist advice about:
• How to resolve a financial dispute in a separation, divorce or dissolution.
• How to divide your assets and pensions, and whether or not spousal maintenance needs to be paid.
• Alternatives to court, including negotiations, mediation, collaborative law and arbitration.
• How to resolve disputes about your children.
• How to take steps against an abusive spouse or civil partner.
• What steps can be taken to resolve disputes with an uncooperative spouse or civil partner.
Contact us to find out more by calling 01206 848426 or clicking here.
If you are cohabiting, but are not married or in a civil partnership, click here.
Not sure if your relationship is over? Help is available here from Relate.