Divorce
Divorce can be a very difficult and emotional process. Thus, here at UK Family Law Solicitors we ensure that we provide our clients with the right advice to help them tackle their situation.
Our experienced family solicitors can help support you throughout the process to ensure the right decisions are made for you and your family. CONTACT US TODAY.
The Divorce, Dissolution and Separation Act 2020 was amended on 6th April 2022; whereby a ‘no fault divorce’ was introduced.
A No fault divorce allows couples to end their marriage or civil relationship without the need of ‘blame’ being imposed on either party for the breakdown of the relationship.
Under the previous law, there were five grounds of divorce. Parties would then have to choose one of these grounds to divorce their partner.
The new divorce system simplifies the process of divorce as no blame is required. One party is required to produce a statement that simply states that the marriage has irretrievably broken down. Additionally, it removes the option to contest the divorce which would have ultimately caused a delay within the proceedings and allows for a more accommodating approach. The scope for one party to defend the proceedings has been limited to issues of jurisdiction or the validity of the marriage to reduce the number of contested divorce applications, an issue recently highlighted by the case of Owens -v- Owens [2018] UKSC 41 in which the husband contested the wife’s petition on the basis that he did not view the marriage to have irretrievably broken down.
Procedure
An application for a divorce can be made as a sole application (made by one spouse) or a joint application (made by both spouses together). There is only one ground – that the marriage has irretrievably broken down.
Once the application has been finalised and filed with the courts. The courts will then issue the application which commences the divorce proceedings.
In a sole application, the application and Acknowledgment of Service will be served on the other party. In a joint application, the court produces the Notice of Proceedings which each spouse must acknowledge receipt of.
There are 2 stages of a divorce – a conditional order and a final order. The conditional order is a document which states that the court does not see any reason why you cannot divorce.
Under the new divorce system there is a 20-week reflection period. This means that 20 weeks must pass from the date when the divorce application has been filed with the Court before the parties can apply for a conditional order. This reflection period is to help encourage individuals to reflect and work through their problems before committing to a divorce.
There is then a 6-week period from the conditional order before a final order may be applied for, which then finalises the divorce.
There is then a 6-week period from the conditional order before a final order may be applied for, which then finalises the divorce.
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At UK Family Law Solicitors our solicitors have handled a great range of child matters.
Contact us today to get started and our specialist family law solicitors will guide you through every step of the process.