The Divorce Process
Making the decision to Divorce from your spouse is rarely a sudden choice. You may have been considering Divorce for a long time and taken many steps to reach this point. While the road ahead may still seem long, our family law team is here to support you every step of the way.
How to get a Divorce
The definition of Divorce in England & Wales is to end the marriage legally. The key stages to obtaining a Divorce are:
- The Divorce application: This can be done either as a sole or joint application. In legal terms, the person filing for Divorce is called ‘the Applicant’ if it is a sole application or ‘Applicant 1’ if making a joint application. The other spouse is called ‘the Respondent’ in a sole application or ‘Applicant 2’ in a joint application. The application will require you to set out a statement as to why you are applying for a divorce. Our team can guide you through the form and ensure it is filled out correctly and in line with your wishes. The Court fee to file your application is currently £593.
- Acknowledgement of Service: Once your application has been checked and accepted by the Court it will need to be sent to your spouse. This can either be done by the court or you can request to do this if you would prefer. Your spouse can no longer contest that the marriage has broken down and they can only contest the application if they are disputing the jurisdiction, the validity of the marriage or they are proclaiming the marriage has already been legally ended.
- Application for a Conditional Order: There is a minimum 20-week ‘cooling off period’ after you make your initial application to the court. This is to ensure that you are confident in your decision to proceed. Once this period is up, we can proceed with the application for a Conditional Order, which is the penultimate step in obtaining a Divorce.
- Final Order: once the Conditional Order has been made, you will need to wait a further 6 weeks until the Final Order can be made to legally end the marriage.
Technically, the arrangements between a couple around their finances, property, and any child arrangements can be dealt with after a Divorce has been finalised.
It is ideal, however, for these arrangements – especially regarding your assets and finances – to be agreed upon when you finalise your Divorce in order to prevent your ex-spouse from making a claim in the future. Our expert family law team provides bespoke advice to help our clients seek the best outcome during and following Divorce.
If you are ready to speak to a Solicitor, our friendly family law team are on hand. Get in touch with us today for to book your initial consultation.
Divorce and Separation
Going through a relationship breakdown can be difficult enough without confusing legal jargon and worries about the process. Our free guide walks you through the divorce process, the first 3 steps you should take, and the different routes available to get the best outcome.
Grounds for Divorce
An application for Divorce cannot be presented to the Court until you have been married for a year.
The rules around grounds for Divorce have changed, and it is no longer a necessity to apportion blame to either party in order to prove that the marriage has broken down. We can help you create an application on the basis that your marriage has broken down, with no need to blame either party.
Burt Brill & Cardens have supported me for the last two years, sorting out what at the time felt to be a complicated and nearly impossible divorce... someone as experienced, understanding, down-to-earth and highly supportive was more than I could have hoped for.