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Choosing to get a divorce can be emotionally draining and expensive, and the process can become even more complicated if your spouse defends the divorce or you cannot agree on what grounds to separate. Understanding how the new divorce process works in the UK is crucial to ensuring that you and your partner avoid unnecessary conflict. In this guide, we look at The new No Fault divorce law, how to start the divorce process, the grounds for divorce, refusing a divorce application, and who pays for the divorce.
If you need advice or assistance following the breakdown of a relationship, I can help. As a specialist divorce lawyer, I can provide bespoke advice whatever your circumstance. Contact me today on 07917 711 887, or by completing the online contact form.
On 6th April 2022, The Divorce, Dissolution and Separation Act 2020 came into force, changing the divorce process as a monumental day in family law with the introduction No-Fault Divorce.
Under the new ‘No Fault’ system, parties are no longer required to raise allegations of blameworthy behaviour against the other, marking the end of the rules that one of five grounds for divorce need to met.
With legislation in England and Wales criticised by the public to reform the 50-year-old laws that forced partners to blame one another in the near future now ended, the new grounds for divorce are as follows:
You can apply for a divorce if you and your spouse have been married for at least one year. In addition, your marriage must be legally recognised in Britain, you or your partner must be permanently based in the UK.
Many couples may feel with the new changes to law that they can process their divorce without the help of a lawyer, however we suggest you seek professional advice before starting the process. In order to start divorce proceedings:
You do not need your spouse’s consent to issue a divorce application. Your spouse will need to respond to the divorce. However, it is not possible to defend a divorce application unless there is a dispute about whether the court of England Wales have the jurisdiction to deal with the proceedings.
Whether you are against the divorce because you still have faith in your marriage or you are concerned you will be left in a financially bad situation, it is vital not to stay in a relationship for the wrong reasons. Not only will the court process become more gruelling, but you could hurt your family even more so by dragging it on. Gaining expert legal advice from a professional divorce lawyer can make the difference between a successful divorce process and one that becomes both complex and exhaustive. Get in touch with Lindsay Jones Divorce Lawyer today to see how I can help you.
Whoever applies for the divorce is responsible for paying the court fee of £593 – this may be you or your spouse or you may choose to pay it jointly if you are filing for divorce as a couple.
In most cases, each party pays their own costs, unless you make a specific application to the court for a costs order against the respondent party.
As set out above, after your divorce application is issued, there is a minimum time period of 20 weeks before you can apply for your Conditional Order and then a further six weeks before you can apply for your Final Order when the marriage will be dissolved.
The divorce process is relatively simple to navigate, but it can take longer when there are disputes surrounding children or finances.
Making the decision to end your marriage can be devastating. I have years of experience in helping clients achieve a successful divorce, making the process as simple and pain-free as possible.
Alongside qualified divorce advice, I offer a range of family law services including financial settlements and child law. You can be sure I will treat your personal circumstances in strict confidence and always keep you informed of how your divorce case is progressing. To discuss your case with me, call today on 07917 711 887, or contact me online. I look forward to helping you find peace of mind and move on with your life.
To assist you during an often-difficult time, I have created some additional resources to help guide you through the process of divorce or separation. Get in touch with me today to talk about your specific circumstances, and we can work towards a better outcome together.
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