The New Year is often a time for fresh starts and new beginnings. For some, this may include a significant change in their family lives. January is known to bring a spike in divorce enquiries, as individuals seek clarity and resolutions for their future.
If you're considering divorce in 2025, this guide will help you navigate the process and make it as stress-free as possible.
Divorce Eligibility
To apply for a divorce in England and Wales, the following conditions must be met:
- Length of marriage: You must have been married for at least one year.
- Irretrievable breakdown: The marriage must have irretrievably broken down.
- Legality: The marriage must be recognized under the laws of England and Wales.
If these conditions are satisfied, you can proceed with the divorce application process outlined below.
The Divorce Process
Initial Application Submisson
- A divorce application can be filed jointly by both spouses or solely by one party.
- Applications can be submitted online or via post.
- A court fee of £593 is payable unless you qualify for an exemption due to low income. If you do believe you qualify for such, an application can be made online by completing the Form EX160 using the following link - https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees
20 Week Reflection Period
- Once the court issues the divorce application, a 20-week reflection period begins.
- This is to allow both parties to consider their decision carefully.
Conditional Order
- After the 20-week period, you may apply for a Conditional Order.
- Once granted, the Conditional Order will include a date from which you can apply for the Final Order.
Final Order
- After six weeks from the granting of the Conditional Order, you can apply for the Final Order.
- The Final Order legally ends the marriage.
In most cases, divorce proceedings take approximately six months to complete. However, delays may occur if financial arrangements are unresolved or are delayed.
Financial Arrangements
A common misconception is that divorce automatically severs financial ties between spouses. This is, however, not the case as both parties’ finances are tied to each other until a clean break consent order is obtained from the court, one of the parties re-marries or passes away. Financial matters require a separate agreement to ensure fairness and security for both parties. Therefore, all parties considering a divorce, or applying for a divorce, should be considering their finances also.
Why are Financial Agreements important?
The financial aspect of divorce can often be the most challenging. It involves dividing assets, liabilities, and pensions fairly and the starting point for division in divorce cases is 50/50. Legal advice during this stage is crucial to protect your interests and reach a fair resolution.
Disclosure and Consent Orders
Both parties are required to disclose their full financial circumstances, including income, assets, debts, and pensions. This transparency is essential to ensure that any agreement is fair and meets the needs of both parties and is also required by the court. If an agreement is reached, it can be formalised through a consent order.
Final thoughts
Divorce is never easy but understanding the process and seeking professional advice can make it more manageable. Our family team at Ramsdens are here to help and support you through every stage of the process.
If you would like to discuss any of this further or if you need advice or support with any family law matter, our dedicated Family Team is here to help. You can reach us on 01484 821500 or email family@ramsdens.co.uk.
The above article is for illustrative purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any part of the information given.