If you’re considering divorce, it’s important to be aware of the formal legal procedures involved. Having a clear understanding of the process and its requirements can facilitate a smoother divorce by ensuring you are well-prepared and minimising the chance of unexpected obstacles delaying your proceedings.
This guide will address key considerations:
- Overview of the divorce process
- Grounds for divorce
- Financial settlements
- Child arrangements
- Non-confrontational dispute resolution methods for divorce
For personalised guidance on divorce procedures and legal advice, please reach out to our team of divorce solicitors.
How does the divorce process work in the UK?
The divorce procedure involves several critical steps. Proper preparation and execution of each step increase the likelihood of a smooth, expedited, and cost-effective divorce that safeguards your interests.
- Filing for Divorce: Initiating divorce proceedings requires submitting a single or joint application to the local family court. This application must include a ‘statement of irretrievable breakdown’ to confirm the relationship’s conclusion. Consulting a specialist divorce lawyer during this stage ensures accurate inclusion of details, potentially saving time.
- Responding to a Divorce Application: If your spouse files a sole divorce application, the court notifies you, and you must respond within 14 days using an ‘acknowledgement of service’ form.
- Conditional Order: This legal document, issued by the court, signifies no legal barriers to proceeding with the divorce. Following the application, there’s a mandatory 20-week cooling-off period before applying for the conditional order, allowing time for reflection.
- Final Order: After receiving the conditional order, you must wait a minimum of 6 weeks before applying for a final order, officially ending the marriage.
- Defending a Divorce: Under no-fault divorce laws, contesting a divorce is limited to specific circumstances (e.g., invalid marriage or lack of jurisdiction).
- Divorce Settlements: Upon divorce, agreements must be reached on financial division, asset distribution (e.g., property), child custody, visitation rights, and financial support.
For personalised guidance on divorce proceedings and legal advice tailored to your situation, contact our team of divorce solicitors.
What are the grounds for divorce in the UK?
In the UK, the sole ground for divorce is the irretrievable breakdown of the marriage. To initiate divorce proceedings, you must declare this within your divorce application.
Previously, divorce laws required spouses to cite one of the following five reasons as supporting evidence for their application:
- Adultery
- Unreasonable behaviour
- Desertion
- Separation for more than 2 years (with consent)
- Separation for more than 5 years
However, since the introduction of no-fault divorce laws in April 2022, these specific reasons are no longer necessary. The law change aims to minimise conflict between divorcing couples by eliminating the need to assign blame.
Making a financial settlement when getting divorced
During divorce proceedings, you and your former partner must come to an agreement on how to divide your finances, property, and other assets. This can be done voluntarily or resolved by a judge in court.
In many instances, it is more efficient and cost-effective to negotiate the specifics of your financial settlement with your ex-partner. Methods like mediation and collaborative law can facilitate reaching a fair agreement. Additionally, you can use a consent order to formalise a voluntary arrangement and make it legally binding in the future.
Making child arrangements when getting divorced
If you and your spouse have children, arranging for their care will be a key priority. This involves determining their primary residence, visitation schedule for the non-resident parent, and financial support arrangements.
You can either reach these agreements voluntarily or seek a court’s decision. Generally, it is beneficial, especially for the children’s well-being, to come to a voluntary agreement. Opting for court intervention raises the risk of increased conflict between you and your former spouse, potentially harming your relationship further and making co-parenting more challenging.
Using non-confrontational dispute resolution to get divorced
In many cases, it is no longer necessary to resort to court to settle the details of your divorce, including financial arrangements and child custody. Increasingly, divorce law emphasises non-confrontational dispute resolution methods, enabling separating couples to reach agreements amicably.
Two primary methods of non-confrontational divorce are mediation and collaborative law, each suited to different circumstances.
Mediation for divorce involves parties meeting with a neutral mediator to discuss issues and collaboratively reach a settlement. The mediator’s role is to guide discussions and mitigate potential conflicts, fostering a productive process. Mediation is now the preferred route for resolving divorce-related issues, often initiated with a Mediation Information and Assessment Meeting (MIAM) to assess suitability. Should you proceed to court, a signed form from a certified mediator indicating mediation consideration is required, except in cases where mediation is clearly unsuitable, such as in instances of domestic abuse or when a spouse resides abroad.
Collaborative law entails a four-way meeting between the spouses and their respective collaborative lawyers (trained in collaborative law). The focus remains on reaching a settlement, with each party benefiting from expert legal representation. This method is advantageous for resolving more complex issues, like jointly owned businesses.
Why choose DLS Solicitors for your divorce?
For over 20 years, DLS Solicitors specialist family law solicitors have been dedicated to advising and representing clients in all aspects of divorce and separation. With family law as our exclusive focus, we possess extensive expertise in addressing the complexities of divorce and family breakdown, including financial settlements and child arrangements. We also have specialised knowledge of same-sex marriages and civil partnerships.
Our approach centres on non-confrontational dispute resolution, emphasising mediation and collaborative law. Our team includes several members of Resolution—an organisation of family lawyers committed to reducing conflict in family law—and trained collaborative lawyers.
This commitment to non-confrontational dispute resolution enables us to facilitate faster and more cost-effective divorces while fostering better relationships between former partners. Our goal is to simplify the divorce process and minimise stress for our clients as much as possible.
