For many of us, navigating divorce is an incredibly challenging, sensitive, and harrowing process, both emotionally, and practically. As you come to terms with the end of a relationship, you also face the uncertainty of the future and the practical implications of the separation. Few people have the requisite legal knowledge necessary to feel confident navigating a divorce, and even those who do may find the process complex and fraught with unexpected hurdles.
The New UK Divorce System
In April 2022, the UK introduced a more streamlined divorce system. This updated system aims to make the divorce process faster, more private, less expensive, and less combative, reflecting the UK’s Family Justice System’s non-confrontational approach.
Key Terminology Changes
The new divorce system makes use of new terminology set out below for clarification purposes as the old terminology is still commonly used:
| Term under previous law | New Term |
| • Petitioner | • Applicant |
| • Petition | • Application |
| • Decree nisi | • Conditional order |
| • Decree absolute | • Final order |
| • Decree of nullity | • Nullity of marriage order |
| • Decree of judicial separation | • Judicial separation order |
Filing for Divorce
You or your solicitor can apply for divorce using Application Form D8, available on the gov.uk website. The process is facilitated through the new, user-friendly HMCTs Divorce Portal.
Divorce is now based on the sole ground of irretrievable breakdown of the marriage, without the need to prove fault or physical separation. The application must simply be supported by a statement from one or both parties asserting the breakdown of marriage. In the case of a joint application, if one party drops out, the other can continue with the divorce. Joint applications can be advantageous, especially in reducing animosity, costs, and time.
Timeline and Orders
The first order issued in a divorce is the Conditional Order, which cannot be made until 20 weeks after the application is issued. Six weeks after the Conditional Order, it can be converted into the Final Order. The Court can, on application, shorten these periods in extremely rare cases.
Notification
An Applicant can initiate a divorce without prior notice to the Respondent. The Respondent will only be aware of the divorce proceedings once the Court serve them with the papers.
One-Year Marriage Requirement
Divorce applications cannot be filed until one year after the date of marriage. This rule aims to preserve the sanctity of marriage.
Pre-Divorce Considerations
Prior to pursuing a divorce, it is vital for spouses to fully consider their situation. Attending mediation, seeking legal and financial advice, and potentially engaging in marriage counselling can help ensure that the decision to divorce is well-informed.
Financial Settlements
Post-divorce financial consequences are often a primary concern. The Court examines the entire financial landscape of the marriage, including property, investments, pensions and income to determine a fair settlement. The starting point is a 50:50 division of assets unless fairness requires a different allocation. This means for example that the spouse with a higher income may need to sacrifice their funds. It is important to note that the Court views contributions by ‘homemakers’ as equal to those of ‘breadwinners.’
When dividing marital assets, the Court considers:
- The income, earning capacity, property, and other financial needs each party has.
- The financial needs and responsibilities each has or is likely to have.
- The standard of living enjoyed by the family before the separation.
- The age of the parties and the length of the marriage.
- Any physical or mental disability which may affect them in the future.
- The contributions made by each party to the family which includes contributions towards looking after the marital home and caring for the family.
- The conduct of each of the parties. The courts may take conduct into account regardless of whether it took place during the marriage or after separation providing the conduct is such that it would be inequitable to disregard it.
- The value to each party to the marriage of any benefit which, by reason of the divorce or separation, a party will lose the chance of acquiring. This will include pensions and any policies such as insurance or assurance policies.
- The Court’s primary concern will be the welfare of the children and how their needs will be met.
Disputing a Divorce
Whilst defending a divorce is no longer a possibility; disputing it is. Disputes are usually limited to issues surrounding the validity of the marriage and the Court’s Jurisdiction.
Costs and DIY Divorce
The divorce Court Fee is £593. Increasingly, people are tackling their divorce themselves, sometimes opting for ‘unbundling,’ where they hire a solicitor for specific parts of the process at a reduced fee rather than for the entire process. We can assist with your divorce from start to finish at a fixed fee of £450 plus VAT and court fees.
How We Can Assist
We are here to help you navigate, simplify and expedite your divorce during this emotionally charged time.
Please do not hesitate to contact us if you wish to instruct our services as we would be delighted to assist. Contact our expert Divorce Solicitors in Rochdale today.
