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If you have decided that your marriage has irretrievably broken down, it can be difficult to know what steps to take next. In this blog we discuss a quick overview of the divorce process.
I want a divorce – what do I do?
If you feel that your marriage or civil partnership has irretrievably broken down, and you have been married for more than 12 months you can start Divorce proceedings by making an application to the Court.
The Divorce, Dissolution and Separation Act 2020 reformed divorce/dissolution law on 6th April 2022 so that divorces are now on a “no fault” basis. The only requirement is for the person(s) applying for the Divorce/Dissolution to provide a statement of irretrievable breakdown within the Divorce application.
You no longer need to provide reasons for the breakdown of your marriage. With the new reform being “no fault” this takes away the need to blame the other party. It is hoped that this would then allow other issues such as children and finances to be resolved on a more amicable basis.
How long does a divorce/dissolution take?
Under the new law, there is a minimum overall timeframe of 26 weeks (6 months), which includes a minimum period of 20 weeks from when the application is made, until the Conditional Order (previously called the Decree Nisi) can be applied for.
The earliest date the Final Order (previously called Decree Absolute) can be applied for is 6 weeks from the date of the Conditional Order.
Where there are finances to be resolved, it may be advisable to delay applying for the Final Order as this may prejudice your position.
Can I get a divorce quicker?
No, the minimum timeframe of 6 months applies. If there are exceptional circumstances for the need to apply for an urgent Conditional or Final Order a separate application would have to be made to the Court for permission to make the urgent application – however this is very rare.
How are finances dealt with in the divorce?
The divorce will only legally end the marriage; it is important to seek advice on dividing the matrimonial assets, such as the house, savings, and pensions. This would be dealt with separately from the Divorce, but financial Orders can be made by agreement or through separate Financial Remedy proceedings once the Divorce proceedings have been issued.
Do I have to sort out the matrimonial finances now or can this wait until after the divorce?
You do not have to deal with sorting out your finances at the same time as the divorce but there could be risks in the future if you do not, in particular if you remarry. The Court can make a financial Order once the Conditional Order has been made, as well as after the Final Order, however once the Final Order of Divorce has been made, this can limit some of the claims you can make, as well as affect inheritance from your former spouse.
This is just a quick overview of the divorce process. It is always important to get legal advice at an early stage to make sure you are fully aware of how the law will affect you and your own specific circumstances before you make any decisions or agreements.
If you wish to book in for an initial consultation to discuss your situation our family solicitors are based in both Wolverhampton and Cradley Heath and serve clients across the West Midlands. For all new enquiries, please call 01902 328 355 or complete our online enquiry form and a member of our team will respond.