Embarking on the journey of divorce is a significant and often challenging decision. The initial stages can be particularly challenging and distressing. Even if a couple has been separated for some time, making it official can be emotionally taxing.
Understanding the grounds for divorce
In England and Wales, you can apply for a divorce if:
- You have been married for at least one year.
- Your marriage is legally recognised.
- Your marriage has irretrievably broken down.
Since April 2022, the law has allowed for a ‘no-fault divorce,’ meaning you do not need to provide a reason for the breakdown of the marriage. This change aims to reduce conflict and simplify the process.
The divorce process: Key Stages
The divorce process typically involves the following stages:
- Initial Application: One or both spouses apply for a divorce.
- Acknowledgment of Service: The other spouse acknowledges receipt of the divorce application.
- Mandatory 20-Week Cooling-Off Period: This period allows both parties to reflect and consider their decision.
- Conditional Order: This is a provisional order indicating that the court sees no reason why the divorce should not proceed.
- Final Order: This makes the divorce legally binding and finalizes the process.
Financial and child arrangements following divorce
Resolving financial matters and child arrangements can be complex and often requires careful negotiation. Common questions might include:
- Where will I live?
- How will we tell the children?
- How do we divide our assets?
- How do we split up our belongings?
In light of this, it will be necessary to consider the following:
- Financial settlement: Both parties need to agree on how to divide assets, debts, pensions, and property. This agreement can be reached through negotiation, mediation, or court proceedings if necessary.
- Child arrangements: Decisions regarding the living arrangements, education, and welfare of any children involved must be made in their best interests. This may involve formalizing arrangements through a child arrangements order if required.
Costs of divorce
The initial court fee for filing for divorce in England and Wales is £593 as of April 2024. However, additional costs may arise, particularly if disputes over finances or the arrangements for the children arise. Engaging a family law solicitor, mediator, or arbitrator can add to the expenses but often proves invaluable in navigating the process smoothly.
How long does it take to get divorced?
A divorce in England and Wales takes a minimum of six months. As of the first quarter of 2023, the average time to complete a divorce was 15 months.
All divorces follow the five-stage process, but the financial, property, or family issues are unique and can vary greatly between couples. Resolving these matters to both parties’ satisfaction, can affect the timeline. How easily you and your spouse can agree on the necessary arrangements impacts the duration, to finalise the divorce. There are various support options to help resolve issues as they arise.
Legal support and mediation for divorce
Legal advice: Consulting a family law solicitor early in the process provides you with expert guidance tailored to your specific circumstances. A solicitor will help ensure your rights are protected and that you understand your legal obligations and options.
Mediation: Mediation is a confidential process aimed at helping couples resolve disputes amicably without going to court. It can be particularly effective for financial and child-related matters, promoting cooperation, conciliation and reducing the emotional strain of divorce.
Arbitration: Arbitration is a form of dispute resolution where, if you and your partner agree, a qualified professional is appointed as an arbitrator and adjudicates your separation, similar to the way a Judge would, and makes a binding decision known as an award. It enables you to have more control over the outcome of your dispute and is more flexible and less formal than a courtroom.
Emotional support
Divorce can be an emotionally taxing experience. Seeking support from a counsellor or joining a divorce support group can provide valuable emotional assistance. Additionally, relying on your network support of friends and family can help you through this challenging time.
Typically, the party requesting top-up child maintenance would get 9% of the paying party’s gross income between £156,000 and £650,000 if there is just one child, 12% if there are two children, and 15% if there are three or more, however, these sums would be in addition to the maximum assessment made by the CMS, which varies according on the situation and can be anywhere from £1,100 to £2,100 each month.
This article was brought to you by Kidd Rapinet’s family solicitors. You can book an appointment with any of the family lawyers across our other offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided. Please use the links provided to find more information on divorce or separation, child arrangements and other areas of family law.
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