A Guide to Divorce

The prospect of divorce and everything it involves can feel overwhelming, with numerous factors to consider. These include the legal process of obtaining a divorce, dividing finances, and making arrangements for children. The emotional toll of divorce can make these challenges even harder, whether you made the decision yourself or it was made for you.

How to get divorced

The legal process of divorce is the same for everyone, and unfortunately, there is no way to speed it up. You must submit your application online (or via paper form), and there is now only one ground for divorce: irretrievable breakdown of the marriage. You no longer need to prove specific reasons, such as adultery which creates a less blame-driven process.

You can apply for a divorce either as a sole applicant or jointly, with a court fee required. Once both parties have acknowledged the application, a 20-week reflection period begins. After this period, you can apply for a Conditional Order (formerly the Decree Nisi), which indicates the court’s approval of the divorce. Following this, you can apply for the Final Order (formerly the Decree Absolute), which officially finalises the divorce and legally ends the marriage. While this process may take some time, it provides an opportunity to sort out financial matters and make arrangements for any children involved.

Financial Arrangements

One of the biggest considerations in a divorce is money, and how both parties will move forward financially. While this can be a source of conflict, there are several ways to negotiate a financial settlement amicably, such as through mediation, alternative dispute resolution methods, or with the help of a solicitor.

It's essential to consult with a family solicitor and, if needed, a financial advisor to ensure the agreement is fair. It is highly recommended that any agreement reached is formalized into a financial consent order before finalizing the divorce. Failing to do so could leave you exposed to future financial claims.

A financial consent order outlines how money, property, pensions, and other joint or personal assets will be divided after the divorce. The court must approve the order, and it is crucial that the document is drafted by a family solicitor.

Child Arrangements

As a result of a divorce, the parties will need to agree on child arrangements. While this can often be discussed informally between the parents, there are situations where an agreement cannot be reached, and legal support, dispute resolution, or court intervention may be required.

A Child Arrangements Order is a formal court order that outlines the agreements made by the parents regarding where the child will live and how much time they will spend with each parent. Once granted, this order is legally binding.

Emotionally coping with a Divorce

Given the significant emotion toll divorce can take, it is important to have support available to you, to help better navigate the divorce process.

This can take many forms, such as therapy, counselling, or seeking support from GP, friends and family.

For a FREE initial consultation with our expert Family Lawyers, simply call 01244 356 789 or email info@cullimoredutton.co.uk.