Divorce
If you're facing divorce or separation, it is often difficult to know where to turn to for advice. You may be feeling confused, distressed, and anxious about what the future may hold so it helps to have a team of expert lawyers on hand who can manage your affairs and support you throughout the process.
Westridge Legal understands that getting a divorce is not simply a legal procedure; it is a life-changing event. You may have many concerns about your future which could include living arrangements for yourself and your children and how your wealth will be distributed with your partner. We will be with you every step of the way to ensure the divorce process is completed as quickly and efficiently as possible.
There are various routes you can pursue when divorcing or separating from you significant other. Click on our areas of expertise above to learn more about the different types of divorce. If you're unsure, or wish to speak about your options directly with our specialist staff, then please contact us for a consultation
What does the new no fault divorce process change?
The Divorce, Dissolution and Separation Act 2020 aims to update the divorce process, the key changes being:- The irretrievable breakdown of marriage being evidenced by a sole or joint statement alone
- No option for one party to contest the divorce
- Terminology being modernised to make family law more accessible to the public
- The timeline of the divorce process being reformed
Statement of irretrievable breakdown
No-fault divorce still focuses on the same concept of 'irretrievable breakdown' but removes the need to assign fault. Instead, the breakdown can be proved by a sole or joint statement signed by one or both partners. No further evidence is required to prove that the marriage has broken down.
No right to contest
The new law also removes the option for one partner to contest divorce, as the sole statement of an irretrievable breakdown by a single partner is sufficient grounds for separation. This tackles unnecessary obstacles to separation that have previously left individuals trapped in unhappy marriages.
New terminology
Key terms have been modernised to simplify the process, for example:- 'Decree Nisi' is renamed 'Conditional Order'
- 'Decree Absolute' is renamed 'Final Order'
- Individuals submitting the application for a divorce are renamed 'Applicants' rather than 'Petitioners'
How long will my divorce take?
The timeline for a separation process has also been changed.
There will be a 20-week period of reflection from the start of proceedings to the granting of a conditional order. This is intended to give couples a chance to seek counselling services, reconcile their differences and/or consider financial and child arrangements post-separation.
After the conditional order is granted, there is an additional 6-week period before the final order
Therefore, the minimum amount of time for the divorce process to take place is 26 weeks, or roughly 6 months. However, the new legislation retains the previous rule that an application cannot be brought within the first year of marriage.
Sorting out your finances
Sorting out how money and assets are to be divided following a divorce is often a sore spot for many couples.
Depending on your specific circumstances the 'matrimonial pot' may be vast and valuable, or it may be that you are to leave the marriage with what you entered. For further information on this, please see Financial Settlement
Separation Agreements
If you are considering a divorce, you may also find our guide on Separation Agreements useful to minimise risks and avoid unnecessary stress further down the line.
Why choose Westridge Legal?
Divorce and Separation is a very difficult decision to make and should never be taken lightly. Our team of divorce lawyers are aware of the sensitivity and complexity involved in such matters. We understand that every individual requires different care and we will guide and support you every step of the way.
If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.
FAQs
The decree nisi or a conditional order is a document that the courts issue when they are satisfied that a person has met the legal and procedural requirements to obtain a divorce.
Following the pronouncement of the conditional order, the marriage still exists, and you are not yet 'divorced'. The person seeking the divorce must then wait at least six weeks and one day after the pronouncement of the conditional order before making their application for the final order. This period can be reduced in certain exceptional circumstances.
The petitioner is entitled to apply for their legal costs to be paid by the respondent. If you wish to, you should tick the box requesting that the respondent pays the costs of your divorce on your divorce petition. Common claims are:
- An order that the respondent pays your legal costs in full
- An order that the respondent pays a fixed amount towards your legal costs
- An order that the respondent pays a fixed percentage towards your legal costs
- One of the above orders if your spouse unreasonably delays or defends the proceedings
It is not always appropriate for the respondent to pay your legal costs. If you are willing to meet your legal costs yourself, you should leave this section blank.
Often a divorcing couple will agree to share the costs between them. If there is a dispute as to who should pay the legal costs, the court will decide at a hearing. This is not usually cost-effective and independent legal advice should be sought before taking this step
If you do not tick this box, you may be barred from resolving the division of your assets and liabilities between you at a later stage (e.g. if you re-marry)
Contacting your spouse in advance gives you both the chance to agree on the information contained in the paperwork being sent to the court. This will avoid having to amend your application later if your spouse opposes what you have said. Working together from the start will, hopefully, set the tone for an amicable divorce.
If you don't feel comfortable speaking with your spouse directly, you could send them a letter or an e-mail. Alternatively, any lawyer assisting you will contact them on your behalf.
If you feel that you would be placed at risk by discussing your application for divorce with your spouse, then you should not do so. Your spouse will find out eventually, as the court will send them a copy of your divorce petition once it has been received and processed.
In the UK, there is only one ground for divorce and that is that the marriage has irretrievably broken down.
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