No married couple sets out with the intention of getting divorced, but as time passes, it may become clear that the marriage is no longer working. In the past, a cause for the breakdown of the marriage had to be established to file for a divorce, with common reasons being adultery or unreasonable behaviour.
Nowadays, however, divorce proceedings have become more flexible, allowing couples to mutually file for divorce without assigning blame to one party. This shift in divorce law helps make the process more amicable, which is especially important if the couple shares children or other dependents.
In this article, we’ll explore the divorce process in detail, including how to ensure the proceedings go smoothly with the help of divorce solicitors for a less stressful experience.
What Is a No-Fault Divorce?
In April 2022, the no-fault divorce was introduced in England and Wales, marking the most significant change to divorce law since 1969. No-fault divorces allow married couples to file for divorce without needing to accuse one individual of causing the relationship to break down. When neither party is blamed and the divorce is mutual, this simplifies the process, helping both parties to proceed with respect and civility.
While some feared that the introduction of no-fault divorce would lead to an increase in divorce rates by encouraging couples to file without attempting reconciliation, the system includes safeguards. Specifically, the process involves a minimum 26-week timeframe from the initial application to the final divorce order. This gives couples time to reconsider or work through their issues if they so choose.
Understanding the Divorce Process
Before initiating divorce proceedings, it’s essential to have a basic understanding of the steps involved, whether you plan to go through the process independently or with the help of divorce solicitors. Divorce solicitors and family lawyers can be particularly helpful in navigating the complexities of the process and ensuring that legal requirements are met.
Divorce Application
The first step in divorce proceedings is the divorce application. This can be filed by one or both parties, who are referred to as the applicant(s). The application can be completed online through the court's digital system or by submitting a paper form, along with the applicable court fee.
Once the court receives the application, it will review the case and assign a case number. Divorce documents are then sent to the other party for completion. These documents are usually delivered via email and include an acknowledgement of service form, which must be completed and returned within 14 days to confirm receipt of the application.
Conditional Order
After a 20-week waiting period, the applicant can apply for a conditional order. This is done either online through the court's system or by submitting a D84 form. A judge will review the case to ensure everything is in order, and if approved, a date will be set for the conditional order to be granted.
Both parties are informed of this date through the court’s online system, by email, or by post. Once the conditional order is granted, a copy is sent to both parties, signalling that the divorce is progressing.
Final Divorce Order
Six weeks after the conditional order is granted, the applicant can apply for the final divorce order, also known as a D36 form. This step can be completed either online or by post. If the applicant does not apply for the final order within three months, the other party may apply for it.
Both parties will be notified once the final divorce order is issued, officially confirming the end of the marriage. It's advised to seek guidance from divorce solicitors before applying for the final divorce order, particularly if there are unresolved financial matters.
Making the Divorce Process Smooth and Easy to Navigate
Although strong emotions are often involved in a divorce, maintaining a calm approach can significantly impact how smoothly the process unfolds. A divorce is considered smooth if it meets the following criteria: it results in a fair settlement for both parties, facilitates agreements regarding post-divorce life, is cost-effective, and is completed within a reasonable timeframe, typically between 6 and 18 months.
It’s important to note that divorce itself does not include arrangements for children or financial matters. While these processes often happen concurrently, they are addressed separately from divorce filings.
Child Custody
When children are involved, parents can make custody arrangements either before or during the divorce process. If both parties can agree on where the children will live and how often they will spend time with the other parent, there is no need for court intervention.
However, if disputes arise, family lawyers can provide essential advice. In some cases, parents may need to attend a court hearing, where a judge will make a final decision regarding custody arrangements. Seeking legal support from experienced divorce solicitors can make this process easier and help protect the interests of the children.
Money and Property
There is no standard formula for dividing money and property during a divorce. Factors like infidelity or unequal financial contributions during the marriage typically don’t affect the division of assets. Instead, the focus is on what each party, including any children, will need moving forward.
In many cases, couples can agree on how to split their finances, including assets such as the family home or savings. When an agreement cannot be reached, divorce solicitors can step in to mediate, ensuring a fair outcome for both parties. Family lawyers can help negotiate settlements that align with each individual's future financial needs.
Contact With Your Partner
During divorce proceedings, it’s important to establish boundaries regarding future contact with your partner, especially if you share children and will need to co-parent. Defining when and under what circumstances you will communicate can help avoid misunderstandings. These decisions can be made during or after the divorce, but discussing them early on often makes the transition smoother.
Deal With Your Feelings
Divorce is not just a legal process; it’s also an emotional one. It’s essential to acknowledge and process your feelings, whether they include sadness, anger, guilt, or even relief. Treat divorce as a form of loss and allow yourself the time to grieve. Focus on self-care and seek support from family, friends, or professionals. Over time, you will adjust to your new normal and begin to move forward with your life.
DJP Solicitors – Family and Divorce Legal Services
At DJP Solicitors, we understand that divorce can be one of the most challenging experiences you face in life. As dedicated divorce solicitors, we are committed to offering compassionate and professional support that is tailored to your individual circumstances. Our experienced family lawyers are here to provide expert legal advice on all aspects of divorce, from child custody and financial settlements to property division.
We pride ourselves on offering fixed-price divorce services, ensuring that you have peace of mind when it comes to legal costs. With a transparent approach, we provide cost-effective legal solutions without hidden fees. Whether you’re facing an uncontested or contested divorce, our team is prepared to help you through every stage of the process.
With extensive knowledge of family law, our divorce solicitors will work tirelessly to secure the best possible outcome for you and your family. If you’d like to learn more about how DJP Solicitors can assist during your divorce, or if you’re interested in any of our legal services, get in touch for a consultation.
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