Are you considering separation or divorce?
If you or your spouse have decided that your relationship is at an end, you may be looking for guidance on separation or divorce.
From 6 April 2022, the law on divorce was changed so it is now possible to divorce on an entirely ‘no-fault’ basis.
An application can be made by one spouse or jointly. A statement of irretrievable break down is made in the application and service of the relevant documents is now largely achieved via email.
There are two main stages of the divorce after the application – the Conditional Order and thereafter the Final Order which confirms that the marriage has been dissolved.
There is an obligatory period of 20 weeks from the application being issued before the application for a Conditional Order can be made and a further six week waiting period before the Final Order can be completed.
There are now very few justifications for defending a divorce and the process is managed though an online portal.
You will also need to consider how best to deal with your financial matters on divorce or dissolution and this can be dealt with in parallel with the divorce process.
Some couples wish to delay their divorce and formalise their financial arrangements first, with or without a formal separation agreement. There can be important implications of such an arrangement and it is important to obtain advice and guidance on how best to protect yourself before proceeding in this way.
Sometimes, married couples decide to formalise their separation by using a ‘judicial separation’ process instead of divorce. This is more unusual, and you would remain married under such an arrangement, but formalise most of your financial arrangements apart from pensions.
How can we help?
We can help you initiate divorce proceedings, or advise you if your spouse has decided to issue a divorce application. We can draft your application and manage every stage of the process through service of the relevant documents, agreeing how the costs will be dealt with and applying for you Conditional and Final Orders.
An application for divorce is often the starting point for formalising your financial arrangements and we can assist you with this alongside the divorce process, with the aim of completing the financial arrangements before your divorce is finalised.
We can also advise on annulments (known as nullity) and any concerns you may have that your marriage may be void or voidable.
Our Family Law team can advise on all aspects of divorce and separation so please get in touch if you would like to find out more.
