Divorce is a significant life event that can feel overwhelming. At Hutchinson Thomas Solicitors, we understand that navigating the process can be daunting, especially with misconceptions about the law still lingering. Since the introduction of no-fault divorce in April 2022, the process has become simpler and more amicable. In this article, we guide you through the stages of divorce, helping you understand what to expect.
What is no-fault divorce?
No-fault divorce means you no longer need to assign blame or provide evidence of wrongdoing to end your marriage. Previously, one spouse had to cite reasons such as adultery or unreasonable behaviour, often leading to unnecessary conflict. Now, the only requirement is that the marriage has irretrievably broken down.
This change allows couples to focus on resolving practical matters, such as arrangements for children and finances, without being caught up in fault-based arguments.
The divorce process
Filing the application
The divorce process begins when one or both parties submit a divorce application to the court. This can be done individually (sole application) or jointly. You’ll need to include details of your marriage, such as the date and location of your wedding, and confirm that the relationship has irretrievably broken down. You will also need to provide a copy of your marriage certificate.
Acknowledgment of service
If one party applies, the other will receive an Acknowledgment of Service form (response form) to confirm receipt of the application. They must return this form to the court within 14 days. In the case of joint applications, both parties work collaboratively from the outset.
The reflection period
There is a mandatory 20-week reflection period from the time the application is issued. This is designed to give couples time to consider their decision and, where possible, explore reconciliation or make arrangements for children and finances.
Conditional Order
After the reflection period, the applicant(s) can apply for a Conditional Order. This was previously known as the Decree Nisi and is the court’s acknowledgment that the legal requirements for divorce have been met.
Once the Conditional Order has been applied for, after a few weeks the court will review your application and ensure all necessary paperwork is in order and all legal requirements for the divorce have been adhered to.
The court will then provide a date as to when the Conditional Order will be pronounced in court although it is not a hearing either of the parties will need to attend unless there are contested issues.
Final Order
Six weeks after the Conditional Order is granted, the applicant(s) can apply for the Final Order (formerly the Decree Absolute). This is the final stage of the divorce process, officially ending the marriage.
Before applying for the Final Order, however, it is advised to ensure that all financial issues have been resolved i.e. a financial agreement has been approved by the court – often done through a consent order
Key points to remember
- No fault needed: It doesn’t matter why the marriage ended – the process focuses on resolving matters amicably.
- Clear timelines: While the minimum timeframe for a divorce is around six months, the actual duration depends on how quickly each stage is completed.
- Separate from finances: Divorce itself doesn’t resolve financial matters. It’s essential to seek advice on a financial settlement to ensure long-term security.
How we can help
Even with a streamlined process, divorce is rarely straightforward. Our experienced family law solicitors provide clear, compassionate advice tailored to your situation. Whether you need guidance on submitting the application, resolving financial matters, or making arrangements for children, we’re here to support you every step of the way.
For personalised guidance and assistance in navigating the intricacies of family law matters, reach out to the Hutchinson Thomas Family Law team. Contact us via email at reception@hutchinsonthomas.com or give us a call at 01639 640 152.