Getting divorced is something you might contemplate if you’re unhappy with your marriage, but beyond that initial thought, it can be difficult to know exactly what happens with money, children, housing, or what comes next.
As a divorce solicitor in Lancaster, part of our service is to help you navigate this process and go through your options – whether you’ve already agreed upon a divorce or you’re in an early consideration stage.
How divorce works today
Before 2022 when the new divorce law came into effect, a Divorce could not proceed without one spouse placing some level of ‘blame’ against the other either by way of alleged adultery or the spouse’s behaviour. If the blame element could not be satisfied then the Petition would usually have to wait until the spouses had been separated for two or five years.
The Divorce, Dissolution and Separation Act 2020 introduced ‘no-fault’ divorce in England and Wales, which replaced the need to prove a fault or long-term separation. One or both people can apply and state the marriage has broken down, removing the requirement for blame.
We’ve covered the exact changes this act brought in divorce in our blog, ‘How Divorce Law Has Changed and How Your Local Lancaster Solicitors Can Help’.
- Application
One or both of you submit an application stating the marriage has broken down irretrievably. You must have been married for at least a year. If you’re completing a sole application, the court serves papers to the respondent. The respondent has 14 days to complete an Acknowledgement of Service.
- The 20-Week Reflection Period
A mandatory 20-week waiting period starts from the day the court issues the application, acting as a cooling-off period to ensure confidence in the decision. It also gives you time to discuss finances – legally divorcing and sorting out your money and property are two separate legal procedures.
- The Conditional Order
Once the 20 weeks have passed, you’ll apply for the conditional order (formerly the Decree Nisi), where the court reviews the file and confirms there is no legal reason you cannot divorce. At this stage, you’re still married, and the conditional order is not the finalisation of a divorce.
- The Final Order
6 weeks and 1 day after the conditional order is granted, you are permitted to apply for the final order. Once the court receives your application, the final Order is usually granted within a 7 day period unless the Final Order application has been delayed by over a year in which case a Judge will consider the Application and reasons for the delay (usually due to financial matters being settled prior to finalising the divorce). The Final Order dissolves the marriage and replaces your Marriage Certificate.
What happens to money and property?
Finances are handled separately from a divorce. A divorce ends the marriage, but doesn’t decide who keeps what. All marital assets – which may include the family home, pensions, savings, investments and debt – will be considered and divided. Some divorced couples may have regular maintenance payments to help with children or living expenses, too.
Many couples agree the split between themselves, and that can work well, but this is not legally binding. For complete certainty, you must file a financial consent order and have it approved by a judge; otherwise, years later a former spouse could make a claim against you if your circumstances improve. If you need help coming to an agreement on how to divide things, you can use a mediator.
You might have heard the term ‘clean break’ when it comes to splitting finances as a divorced couple. This is an order that ends the financial ties between you, so neither of you can bring a claim against the other in the future. A clean break only applies to you and your spouse. It does not end the duty to support your children or provide child maintenance.
We can help you understand the financial implications of getting a divorce clearly.
What happens to children in a divorce?
Like many aspects of divorce, you and your partner may decide on what happens to the children before filing or going to court. You’ll need to consider:
- Where will the children live?
- How much time will they spend with each parent?
- How will they be financially supported?
Many of the NCDR routes apply to agreeing on children, but if you can’t agree on everything, you may have to apply for a court order. Like with a divorce, you may be required to show you’ve tried mediation first.
Child maintenance is calculated using a specific formula, and factors in income, necessary adjustments, number of children and shared care. Again, this is handled separately from divorce.
Frequently Asked Questions
Based on the timelines we’ve discussed, divorces take a minimum of 26 weeks. This can be higher depending on court waiting times and the negotiation of property and money.
In England and Wales, there is a mandatory court fee to apply for a divorce of £628. However, financial consent orders, child arrangements orders, and solicitor fees all add to the total cost.
No. There are now many alternative routes for getting a divorce without going to court, such as mediation and arbitration.
Under the Divorce, Dissolution and Separation Act 2020, your partner cannot legally stop a divorce. You are still able to get a divorce if they do not consent.
First Steps with Holdens Law
Now that you’re more familiar with how divorce works, how it impacts children and finances, and how long it takes, we’re here to help if you have any questions. Our Lancaster and Kendal solicitors are experts in family law and divorce, and the first conversation is a chance to understand your options rather than a commitment.
