“New Year, New Me.” For many, the New Year represents an opportunity for a fresh start and to welcome new beginnings. Unfortunately, this can include drastic changes to family dynamics and ending relationships that are no longer in your best interest.
As a result, every year, family law solicitors and the Courts see a significant rise in divorce applications in January.
If you are considering a divorce or simply need clarity about your options this year, speaking to a specialist family law solicitor at Ramsdens Solicitors can make all the difference.
For further details about eligibility and the process, please refer to the information below.
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.
The Divorce Process
Application
· A divorce application can be filed jointly by both spouses or solely by one party.
· Applications can be submitted online or via post. The link to the application form can be found here Get a divorce: How to apply – GOV.UK.
· The application form itself is relatively straightforward and requests information about both spouses, such as their full names and addresses.
· A Court fee of £612 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 Apply for help with court and tribunal fees: Form EX160 – GOV.UK.
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 and accommodates any reconsiderations.
Conditional Order
After the 20-week reflection period, you may apply for a Conditional Order. This order signifies that the Court agrees the marriage has irretrievably broken down. 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, and Court proceedings are issued. In this case, the process may exceed 12-18 months.
Making the divorce application is often only the first part to achieving a complete divorce; the remaining section of this blog will explore the second part.
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 should also consider their finances and how they wish for them to be divided. The starting point is that all matrimonial assets are to be divided equally (50/50) between the parties but this can change depending one another’s needs.
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.
What happens if a party refuses to cooperate and a financial arrangement cannot be reached?
Generally speaking, an agreement can be reached, and a consent order can be drafted without the need to initiate Court proceedings. However, this is only the case if both parties are willing to cooperate.
Quite commonly, parties to a divorce will try to hide or deplete their assets in order to prevent the other side from obtaining a greater share of them as the starting point is a 50/50 division of all matrimonial assets. This can include, but isn’t limited to; the family home, savings accounts, pensions and businesses. In cases such as these and where parties refuse to complete full and frank financial disclosure, then Court proceedings may have to be issued. However, going to Court is seen as a last resort and alternative options should as mediation, arbitration, collaborative law and negotiation should be explored first.
Need advice about divorce?
If you’re contemplating a divorce or simply need advice regarding your options, our experienced Family Law team at Ramsdens Solicitors is here to support you. Seeking advice early can help you move forward sooner and start planning the next chapter of your life. You can reach us on 01484 821500 or email [email protected]
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.
Furthermore, the information contained is accurate and up to date as of the date of publication. Readers should be aware that legislative frameworks may have been amended since the original date of publication.