Not all divorces are the same. Unique circumstances surrounding children, property, finances make every case different. That’s why it’s always wise to seek the advice from a family lawyer such as Major Family Law. That said, there are some commonalities in UK divorces, including certain procedures and requirements. Here’s a general guide to give you a firm idea of what you can expect.
What you need to know
In any divorce, the more you and your ex-spouse can agree on, the better. Although taking your case through mediation or going through the courts are options, it is financially better for you and often easier for you and your families to make arrangements between yourselves.
The decisions you will need to make
Before you do anything, take time to think about the decisions you will need to make and try to look at things from all angles. For example:
- Who will stay (if anyone) in the family home
- How will your financial assets be divided
- Where will the children live
- How often will they see each parent
- Will one spouse have the family pet?
How does divorce work?
You can apply for a divorce online by accessing the government website, or you can seek the support of a family lawyer.
The divorce process:
The no fault divorce laws mean there is a new process for divorce.
- File an application either jointly or solely
- The court will review your application
- If you have applied jointly, after a period of 20 weeks reflection time, you can then apply for a Conditional Order (this can be done online)
- If you have applied solely your former wife or husband will be a sent a notification and will need to respond within 14 days stating if they want to dispute or agree on the divorce
- If they agree the application can move to a Conditional Order, if they disagree, they will need to state a legal reason why by completing an ‘answer form’
- Conditional Orders take several weeks for the courts to consider, when an application has been granted it will be sent as a certificate to both parties
- Applicants will then have to wait up to 43 days after being granted before they can apply for a Final Order.
Financial matters
When you have a final order that does not mean that your financial matters have been resolved in your divorce. You will still need to make a Financial Order. It is a misconception that finances are settled during the divorce process. In fact, your ex could still make a financial claim way after your divorce, sometimes years. It’s therefore imperative that you seek a financial order afterwards.
When you can’t agree on things
It is not uncommon for couples to disagree on where children will live, who will pay maintenance and how their joint assets will be divided. If you have tried all possible avenues to reach an agreement and been fair with your suggestions and offers, then your next step could be mediation. This is a process that aims to reach agreements on your divorce without having to go to court. Unlike the courts, a third-party mediator works with both parties to find resolutions on specific matters. If mediation does not work for you, then it may be time to let the courts decide on things.
Getting emotional support
Divorces are often highly emotional and pivotal periods, whatever route you do down. You will need the support of friends and family to come through the other side. In the absence of this, or in addition to, you may want to gain support from external counselling organisations which often offer support in person and online.