Over the next three weeks we are publishing our Guide to Divorce, outlining how the process works and our advice for making it as non-confrontational, fast and cost effective as possible.
Part One focuses on first steps once you’ve decided to separate and seek a divorce.
Making the decision to divorce can be one of the most difficult decisions you ever make, particularly where children are involved. Do bear in mind that children are inherently resilient and will thrive when both parents are leading happy lives. By contrast, living in a family with constant arguments and a bad atmosphere will prove more damaging in the long term.
Once you have decided that divorce is the way forward for you and your family, we would advise you to seek early legal advice. Everyone’s circumstances are different and speaking to a specialist family lawyer will help you to understand how the law might apply to your personal circumstances. This will allow you to make informed decisions moving forward and to decide whether you are ready to commit to seeking a divorce, or need more time to reconsider your options.
At Tisshaws we offer a 60-minute initial consultation for £100 (incl. VAT). This carries no obligation for you to either move forward with proceedings or for you to instruct us to handle your case. During this meeting we will discuss your possible options and outcomes, so you are armed with the information necessary to move forward.
You can learn what to expect from this meeting, as well as what to bring here: https://www.tisshawssolicitors.co.uk/how-to-prepare-for-an-initial-consultation-with-a-family-solicitor/
Since the introduction of No Fault divorce in April 2022, applying for a divorce is a much simpler process.
The main prerequisite for applying for a divorce or the dissolution of a civil partnership is that you have been married for over 12 months.
If this is the case and you are both in agreement that the marriage has irretrievably broken down, you can make a joint application to the court for a divorce. If you are not in agreement over getting a divorce, either one of you can make a sole application to the court for a divorce.
The application incurs a court fee of £593.
If you made a joint application to the court, you will both need to submit an acknowledgement receipt to the court. This satisfies the court that you have received the divorce paperwork.
If you made a sole application, your ex would need to complete an acknowledgement of service within 14 days. This is to confirm whether they agree to the divorce or plan to dispute it.
Since the introduction of No Fault divorce, proceedings cannot be disputed simply because one partner doesn’t wish to divorce. The only way a divorce can be disputed is for the following reasons:
If one party informs the court that they wish to dispute the divorce but does not complete the answer form on the acknowledgement of service, the other party can continue to proceed with the divorce application.
Once the divorce application has been issued, couples have a 20-week cooling off period to consider their decision and to reach an agreement on finances and any children arrangements.
The Conditional Order is a document issued by the courts which confirms that the court can see no reason why the divorce cannot proceed. Once the Order has been approved by a judge, you’ll be sent a certificate outlining the time and date when the Conditional Order will be granted.
Once you have this Order, a judge will be able to approve any financial and children matters you have agreed on.
Once in possession of the Conditional Order, couples must wait for 43 days, or six weeks and one day to apply for a Final Order. This marks the legal end of the marriage, leaving you both free to remarry.
Here at Tisshaws, we offer a Fixed Fee Divorce for £450 (+ VAT). This includes preparing and submitting all the documentation for each step of the divorce process. Clients will also need to pay the court fee, which is currently £593.
It is important to appreciate that the divorce application is separate from any agreements you may come to regarding your children and finances. While the divorce frees you both to remarry, without a legally binding agreement on both child arrangements and financial matters, you are both vulnerable to future claims and disputes.
This will be covered more fully next week in Part Two.
We know how difficult divorce and separation can be, so we offer an initial one hour fixed fee consultation with a fully qualified lawyer, to help you make an informed decision about how to proceed.
To book, please call 01444 472700 or complete the quick contact form.