No fault divorce Archives - Stephanie Dew Law

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Why do I need a divorce lawyer?

Early legal advice during the divorce process is invaluable. It is never too soon to speak to a solicitor, they can advise you on likely outcomes which will enable you to make informed decisions about your separation. Where both individuals receive early legal advice, it is more likely that they will be able to reach a settlement as they will have a realistic understanding about their legal positions empowering them to make to resolve matters without litigation.

Whilst you can apply for your divorce online without the assistance of a lawyer it is usually worthwhile seeking professional advice about resolving the family finances.

Not obtaining early legal advice in relation to the finances can result in expensive mistakes such as:

You setting a precedent for spousal maintenance by paying your ex-partner much more that you should;
You agreeing a financial settlement that isn’t in your best interests;
Assets being moved, dissipated or hidden;
Increase your chances of going to court because you refuse to agree something that you would have agreed if you had understood the legal position.

Even if you have agreed the finances with your ex-partner and are happy with the outcome, it is crucial that you have that agreement formalised by a solicitor into a “consent order”. That will be submitted and approved by the court so that it is legally binding. Without a financial order being made the family finances are not resolved and there is an ongoing risk that your ex-partner could bring a claim against you in the future. It is the financial order, not the divorce order (decree absolute) that brings the financial tie between you to an end.

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.

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Understanding the Divorce Process – The 3 elements to a divorce

There are three elements to the divorce process:

1. Dissolution of the marriage

This is the legal process to formally end the marriage. It includes filing a divorce application, obtaining a Conditional Order and then a Final Order. (Formerly known as Decree Nisi and Decree Absolute).

2. Childcare arrangements

If you have children then you will need to make arrangements on how you will co-parent them. Ideally you will make these arrangements informally between yourselves without the involvement of solicitors. If you are finding it difficult to discuss the arrangements with your ex-partner the use of a professional mediator may assist you in moving things forward. If an agreement can be reached should record this in a parenting plan so it is clear what has been agreed. This should reduce the scope for disagreements later. If arrangements for your children cannot be agreed you should seek legal advice about applying to the court for a child arrangement order.

3. Financial arrangements

This tends to be the most difficult part of the divorce process and will require some input from a legal professional. If possible, you and your partner should try and reach an agreement as to how you will divide your assets, debts and pensions and where you will both live. If you can’t reach an agreement yourselves you should instruct an independent mediator to help you reach an agreement. In order to be legally binding this agreement needs to be formally recorded in a court order called a “Consent Order”, you will need a solicitor to prepare this document and you should both have independent legal advice about the order.

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When should I speak to a solicitor about my divorce.

Many people put off speaking to a solicitor because they are worried about the potential cost. Conversely, by speaking to a solicitor at the outset you are more likely to save costs in the long run as well as a lot of stress. The earlier you obtain legal advice about your separation the better. Practical advice about the divorce process and the likely outcomes for you will help you navigate the process with clarity and understanding. In my experience, couples who have both received early legal advice are more likely to reach a settlement and avoid the delay and costs excessive litigation can bring.

It is never too early to speak to a solicitor if you think your relationship is coming to an end. Burying your head in the sand will achieve nothing, facing up to the situation from an informed position will empower you to move forward and make the overall process less stressful. I often speak to people before they have made a definite decision about their relationship, but who want to explore their options and what their reality may look like of they proceed with a divorce.

Your partner or ex-partner need not know you have obtained legal advice if you decide not to proceed with the situation. The interactions you have with a lawyer will be confidential and your lawyer will be used to dealing with clients very discretely.

Just because you speak to a solicitor does not mean your case will end up in court. A good solicitor will seek to achieve the best outcome for you without litigation if possible. They will be able to support you through the mediation process and work with you to achieve an agreed outcome with your ex-partner.

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

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 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

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.