What do I need to know about divorce?

There is only one basis for a divorce and that is that the marriage has irretrievably broken down. The Court is not concerned with why the marriage has broken down only that the applicant believes it has.

You must have been married for at least one year and one of you must have lived in England or Wales during the whole of the year before or be domiciled there.

One party can apply or a joint application by both parties can be made.

The system is now online and streamlined with fixed timescales which provide for a waiting period of 20 weeks before the applicant or applicants can apply for the Conditional Order, the document that states that you are entitled to a divorce.

There then follows a further 6 weeks before the Final Order of divorce can be applied for.

The minimum period for a divorce is therefore at least 6 months, with many cases taking longer.

The first 20-week period is intended to give time for reflection and is best used to try to negotiate a financial settlement and/or arrangements for children.

It is the same system for same sex couples although the proceedings are referred to as dissolution proceedings rather than divorce.

Most people negotiate and agree financial arrangements. The terms are drafted into an Order and sent to the court for consideration by a Judge along with a financial summary so that the Judge can assess if the settlement is fair. Family Court Statistics published in December 2024 show that, in the quarter from July to September 2024, 76% of Financial Remedy applications were uncontested.

Where agreement cannot be reached, and after all alternative methods have been exhausted, it may be necessary to issue separate financial remedy proceedings for the Court to determine.

When the Final Order of divorce is made entitlements can be lost, including rights over the matrimonial home, pension rights and inheritance status changes. Particularly after a long marriage, these can be very valuable assets and it is vital that specialist legal advice is sought on the implications of divorce and the timing of the proceedings. Often it is essential to be protected by delaying the application for the Final Order of divorce until a financial settlement is approved in an Order.

It is sensible to obtain legal advice at any early stage from a matrimonial solicitor who will take a constructive approach to assist both parties in moving on with their lives, by negotiation and a fair settlement.

At Battens, our specialists are here to provide you with expert guidance and support during this challenging time. To learn more, please contact our Family Team by calling 0800 652 8373 or by filling out an enquiry form.