Contemplating divorce can be an emotionally challenging and complex process, often raising numerous questions. Jayne Gregg, an Associate in our Family Law team, addresses some frequently asked questions about the legal processes involved.
Do I have to give details of why my marriage has broken down to start a divorce?
Since April 2022, the divorce process is no fault. The only ground is that the marriage has irretrievably broken down, so you do not need to provide any further details.
How long will it take for me to be divorced?
The process takes between seven and nine months. Once the divorce application is issued there is then a 20 week waiting period before the conditional order can be applied for. It is then a further six weeks and a day before the final order can be requested.
Can I claim the costs of the divorce from my spouse?
As a general rule the new no fault divorce process does not allow a claim for costs to be made against the other spouse unless personal service is necessary so whoever issued the divorce will have to pay the court fee and any solicitors costs if instructing solicitors.
How do we reach a financial agreement?
The financial agreement is separate to the divorce application. There are several ways agreement can be reached including the parties discussing between themselves, attending mediation, negotiating via solicitors or if there is no alternative, issuing a financial remedy application.
If we have reached a financial agreement, what do we do next?
Once an agreement is reached, a consent order can be prepared confirming the terms which is then signed by all parties and lodged with the court for approval. The court will also need details of your financial position by way of completion of a form called a D81 and payment of the court fee of £58.
What is the difference between a divorce and a judicial separation?
The procedure and costs are the same as a divorce but once the final order is made in the judicial separation proceedings you will remain married to each other but will be formally legally separated.
Important to note
These FAQs are not a substitute for professional legal advice. It is important to consult with a qualified solicitor to navigate the specific details of your situation effectively.
Get in touch
For pragmatic, no-nonsense and advice and practical solutions on how our team can help you with your family or divorce matter, please get in touch on 0121 746 3360 or submit an online enquiry and we will get back to you shortly.
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