The Legal Maze: What to Expect During the Divorce Process

For many separating couples, the process of divorce or dissolution can feel like navigating a maze.

While the process of applying for divorce is relatively straightforward, the emotional, financial, and practical considerations can pose a significant challenge. This article sets out the main stages of divorcing in England and Wales, how best to deal with custody battles and child support, and some tips on protecting your assets and financial planning.

What are the stages of divorce?

1.    Check if you can get divorced

You can get divorced in England and Wales if you have been married or in a civil partnership for over 12 months, your relationship has permanently broken down, and your marriage is legally recognised in the UK.

2. Apply for a divorce

The first step in divorce or dissolution in England and Wales is filing a divorce petition online. This can be done by one party, or the other, or both (i.e. a joint petition). In the UK, since the introduction of the ‘no-fault’ divorce law in April 2022, couples no longer need to blame each other for the breakdown of the marriage. Instead, they can simply state that the marriage has irretrievably broken down. You will also need to pay an application fee of £593.

3. Respondent’s Acknowledgment

Once the divorce application has been received by the court, if only one person filed the petition, the other spouse (the respondent) will be sent a copy of the divorce papers by the court. The respondent has 14 days to reply, indicating whether they intend to contest the divorce.

4. Conditional Order

Twenty weeks after the divorce application was issued by the court, you can apply for a Conditional Order (formerly known as a Decree Nisi). The waiting period is to give both parties enough time to consider their choice to legally separate. A judge then reviews the paperwork and, if everything is in order, grants the Conditional Order. A Conditional Order confirms that the court sees no reason why the divorce cannot proceed.

5. Final Order

Six weeks and one day after the Conditional Order is granted, you can then apply for a Final Order (formerly known as a Decree Absolute). This finalises the divorce, legally ending the marriage.

Custody battles and child support: What you need to know

In England and Wales, the term ‘child custody’ is more commonly replaced with ‘child arrangements’. If possible, parents should always try to reach an agreement between themselves on where their child will live and how much time they will spend with each parent.

If an agreement cannot be reached, parents can then try mediation. Mediation involves a completely neutral third party who helps both parents try to reach an amicable and fair decision on arrangements for their child/ren. Mediation is not always suitable, however, including if there is evidence of domestic abuse.

If mediation has been tried, but it is either not suitable or has not resolved the matter, an application can be made to the family court for a Child Arrangement Order (CAO). The court will make a decision on the CAO based on various factors, including the child’s wishes (depending on age and maturity), each parent’s ability to meet the child’s needs, and the impact of any changes on the child.

The non-residential parent (i.e. the parent who the child does not live with) may be required to provide child maintenance to the resident parent (i.e. the parent with whom the child lives). The amount is based on the non-residential parent’s income, the number of children, and how much time the children spend with each parent. The Child Maintenance Service (CMS) can assist in calculating and collecting payments if parents cannot agree.

Protecting your assets and financial planning

To reach a divorce financial settlement, both parties must provide a full financial disclosure detailing their assets, liabilities, income, and expenses. This transparency ensures a fair division of assets. The courts typically aim to achieve a fair division of assets, but this does not necessarily mean equal. They will consider a range of factors, including the length of the marriage, contributions (financial and non-financial) by each party, future needs, and the welfare of any children involved.

As part of the divorce financial settlement, the court may decide to issue a pension sharing order, where a portion of one spouse’s pension is transferred to the other or offset against other assets. In some cases, one spouse may also be ordered to pay maintenance to the other, especially if there is a sizeable difference in income and one spouse is financially dependent on the other. Any decisions made on pension sharing and spousal maintenance will depend on the value of the marital assets, the length of the marriage and each party’s financial needs and resources.

Final words

We understand that the divorce and dissolution process in the UK can be daunting, but understanding the steps involved, the key legal terms and the intricacies of custody and financial planning can help you navigate this challenging time. By seeking the advice and support of an experienced family law Solicitor, you will get through the legal maze with ease, allowing you to get on with your new life with your financial interests protected.

For a free consultation regarding your divorce or any other aspect of your separation, please call our understanding and caring family law team on 0208 300 6666.