stephaniedew, Author at Stephanie Dew Law

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How to make a joint application for divorce

Step 1: Apply online

Whilst you may wish to instruct a professional, you do not need a solicitor to prepare the divorce petition, you can do this yourself. Whilst I do often prepare divorce applications, particularly in cases I am advising on the children and finances, the divorce application itself is relatively straightforward and most people will find they are able to complete it themselves.

You can access the divorce application portal here:

https://www.gov.uk/divorce/file-for-divorce

Please ensure you use the gov.uk website and not any other. There are many “divorce provider” websites who will charge you a fee for submitting the application on your behalf.

The court fee for applying for a divorce is currently £593. If a website asks you for further funds you are likely in the wrong place.

You can make a paper application, however I strongly recommend you apply online, it is quicker and you are less likely to make a mistake on that form.

In terms of making the application, one party will take the lead as Applicant 1, they will start the application. Applicant 2 will then fill in their information and finally Applicant 1 will then submit the application to the court.

Applicant 1 will be responsible for paying the court fee, the system does not make it possible for it to be split between the parties, therefore if you want to share the costs you will need to do this separately.

Step 2: The court starts the divorce process

After your application has been submitted, it takes 2 weeks before the process officially begins, this will trigger the 20 week reflection period.

The reflection period is in place firstly to allow the couple to change their minds about the divorce and secondly to make arrangements for their children and finances.

Step 3: You jointly apply for the conditional order

After the 20 week reflection period, you can jointly apply for the conditional order. (Previously known as the Decree Nisi).

Step 4: The court reviews your application for a conditional order

When your application for the conditional order is received by the court, a legal advisor will review your application. If they approve your divorce, they will issue you with a Certificate of Entitlement to confirm the date of your conditional order. This step takes one to two weeks.

Step 5: The court grants the conditional order

The date of the conditional order will be around 4 to 5 weeks from the certificate of entitlement.

Once the court grants the conditional order, the second compulsory waiting period begins, this time for 6 weeks. This stage is significant as it is only when the conditional order has been granted that you are permitted to submit any financial orders such as a consent order or clean break order in relation to any financial agreements you have made.

Step 6: You jointly apply for the final order

After a minimum of 6 weeks have passed you can apply jointly for the final order (previously known as the Decree Absolute) to finalise your divorce.

Step 7: The court grants the final order

The court will issue the final order a few days after your application. A copy will be sent to both of you and this final order means you are officially divorced. You will need to keep this order safe, as you will need it in the future as proof of your divorce.

Choosing the right solicitor for your matter is crucial and we therefore offer a free initial consultation so that you can find out more about our services and decide whether we are the right fit for you.

Can we make a joint application for divorce?

Yes, recent changes to the law mean that for the first time it is possible for a couple to apply jointly for a divorce. Whilst it is still possible to apply individually, a joint application is likely to be the best option in most situations.

Making a joint decision to apply for a divorce can be seen as a positive step forward when a relationship has broken down. Rather than one person taking the lead and the other perhaps feeling ambushed or shocked, a joint application ensures that both parties are well aware of the divorce from the outset and will feel fully involved and are more likely to engage with the process.

If you can start the divorce process in a (relatively) amicable manner, when you are both emotionally ready to proceed, it is much more likely that you will then be able to deal with resolving your finances and the arrangements for your children in a smoother manner.

When applying jointly for a divorce application, one person will take the lead – Applicant 1, the other will be Applicant 2. If at some point during the process your relationship deteriorates significantly or one person is not engaging with the process, it is possible to switch to an individual divorce application so that progress can be made.

I’ve set out in more detail the process for applying jointly in another blog.

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How do I make an individual application for a divorce.

Step 1: Apply online

Whilst instructing a solicitor is not required when submitting a divorce application, if you have been unable to agree to make a joint application with your ex-partner it is likely your relationship is quite acrimonious and some professional input will likely be of real benefit. You may not need to instruct a solicitor to apply for the divorce but an initial consultation is likely to be of real benefit early on if your separation is particularly difficult.

The divorce process includes not only obtaining the final divorce order, but you may also have to make arrangements for your finances and children. It is the financial and child arrangements which usually prove to be the more difficult areas to resolve and which are at risk of escalating to contested court proceedings with escalating costs and significant delay.

The divorce application is usually the first step on the road to separation and can set the tone for the whole case going forward. Seeking early advice from an experienced solicitor can assist with getting the case on the right track, minimising the potential for conflict and possible protracted proceedings in relation to your children and finances going forward.

You can access the divorce application portal here:

https://www.gov.uk/divorce/file-for-divorce

Please ensure you use the gov.uk website and not any other. There are many “divorce provider” websites who will charge you a fee for submitting the application on your behalf.

The court fee for applying for a divorce is currently £593. If a website asks you for further funds you are likely in the wrong place.

You can make a paper application, however I strongly recommend you apply online, it is quicker and you are less likely to make a mistake on that form.

In terms of making the application, one party will make the application they will be known as the “Applicant”, the other party will be known as the “Respondent”.

The Applicant will be responsible for paying the court fee.

Step 2: The court starts the divorce process

After your application has been submitted, it takes 2 weeks before the process officially begins, this will trigger the 20 week reflection period.

The reflection period is in place firstly to allow the couple to change their minds about the divorce and secondly to make arrangements for their children and finances.

The court will send your partner a copy of the divorce petition and the “Acknowledgement of Service” (AOS), you parter has 14 days to complete the AOS and return it to the court.

Step 3: You apply for the conditional order

After the 20 week reflection period, (assuming that the Respondent has promptly returned the AOS) you can apply for the conditional order. (Previously known as the Decree Nisi).

Step 4: The court reviews your application for a conditional order

Step 5: The court grants the conditional order

The date of the conditional order will be around 4 to 5 weeks from the certificate of entitlement.

Step 6: You apply for the final order

After a minimum of 6 weeks have passed you can apply for the final order (previously known as the Decree Absolute) to finalise your divorce.

Step 7: The court grants the final order

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Travelling abroad with children – What documents do I need?

With the summer holidays rapidly approaching, I have been getting lots of questions about taking children on holiday. I hope this blog helps you get your paperwork in order, there is still (just) sufficient time to apply for a passport. (HM Passport Office are currently estimating 10 weeks for a passport so move swiftly).

Holiday checklist

Passports and Visas

If you are branching out beyond the UK this summer you will need passports to travel. Since Brexit, rules for traveling in the EU have changed and you should always check the up to date government guidance before setting off as to what is needed:

https://www.gov.uk/foreign-travel-advice

If you are travelling to an EU country (except Ireland), Switzerland, Norway, Iceland, Lichtenstein, Andorra, Monaco, San Marino or Vatican City your passport must meet 2 requirements. It must be:

less than 10 years old on the day you enter (check the ‘date of issue’)
valid for at least 3 months after the day you plan to leave (check the ‘expiry date’)

Check your passport and renew it early if needed.

You can travel in the above country for up to 90 days in any 180 day period without a visa. Your passport will be stamped when you enter and exit to ensure you comply with the visa time limits.

2. Covid Requirements

These vary from country to country and the rules seem to change constantly as to what is required in relation to vaccination proof, PCRs etc. Again check the government website for up to date advice for the country you are travelling to:

https://www.gov.uk/foreign-travel-advice

3. Consent from Others with Parental Responsibility

Checks when travelling with children have increased over recent years with authorities more diligent in ensuring children have permission to travel with those adults who are accompanying them. Whilst this can be a real headache at times (such as for mother’s who do not share the same surname with their children), the checks are important to ensure child safety and prevent child abduction.

If you want to take your child outside the UK you must have permission from all those with parental responsibility or leave (permission) of the Court. If someone else shares parental responsibility for your child, you must seek their consent before travelling out of the country. The only exception to this is if there is already a Child Arrangement Order in place which says the child lives with you, that is a “Live with Order”. If you have a “Live with Order” you are permitted to take a child abroad for 28 days without permission, unless the order specifically prohibits that from happening. Even if you do have a “Live with Order” it is still good practise to make the other parent aware of the trip and obtain their consent.

Before you travel get a letter from the other parent confirming that you have their permission to take the child abroad. This should include their full name, address, telephone number, details of the trip including travel dates, the child’s passport details and/or any other documentation you are providing. The letter should be signed, dated and witnessed.

When travelling bring evidence of your relationship to your child with you if it not obvious, such as if you have a different surname. A birth or adoption certificate would confirm this.

If children are travelling with friends or other family, ensure you give them the relevant paperwork to avoid any difficulties at border control. Again, a letter as described above is likely to be sufficient to satisfy any queries, it should confirm who the child is travelling with and should be signed by all those with parental responsibility.

If the other person with parental responsibility will not provide their consent to the trip or won’t provide your child’s passport, it will be necessary to seek a court order. You will need to apply for a Specific Issue Order under the Children Act 1989. When considering an application by a parent to take a child on holiday, the Court’s decision will be based on the child’s welfare. It is usually not very difficult to persuade the Court that a holiday abroad is in the best interests of the child, unless for example it is a cover for an abduction. Should you be planning more than a holiday and wish to relocate with your child to a different country the requirements of an application to the Court will be rather different.

The application to the Court will take some time, therefore it is important to make arrangements for holidays well in advance with the other parent if you anticipate there will be difficulties so there is sufficient time to obtain permission from the Court before you plan to travel.

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New legislation raises minimum age to marry to 18 in England and Wales

Previously people (children) could get married at 16 to 17 as long as they had parental consent.

This new law applies to regulated marriages as well as unregulated ceremonies that are not registered with the local council.

The penalty for adults who facilitate the marriage of an under 18 includes up to 7 years imprisonment and a fine. The penalties do not apply to any children involved.

Significantly the rules are to apply to marriages abroad so will include adults who take children out of this country to facilitate a marriage.

The bill has sailed through Parliament with little opposition and will receive Royal Assent later this week.

The new legislation will not affect the validity of any marriages or civil partnerships that took place prior to the new law coming into force.

This change is not UK wide, in Northern Ireland and Scotland the minimum age for marriage remains at 16, in Northern Ireland you still need parental consent but in Scotland it is not required.