Divorce/Dissolution of Civil Partnership 

It involves various legal, financial, and emotional considerations and typically requires the assistance of legal professionals to ensure a fair and equitable resolution.

With effect from 6^th April 2022, the ‘no fault’ divorce/dissolution came into effect through the introduction of the Divorce, Dissolution and Separation Act 2020 (DDSA 2020). The aim behind this reform of law is to make divorce/dissolution an easier process for both parties involved with the ‘no fault’ divorce/dissolution being intended to be less acrimonious than the previous process through which in certain cases there was a need to assign blame when commencing divorce/dissolution proceedings.  

Under the DDSA 2020, the sole ground for divorce/dissolution remains to be that the marriage has irretrievably broken down. 

You must have been married or in a civil partnership for a year before you can apply for a divorce/dissolution of civil partnership. 

With effect from 6 April 2022, there has been a change to the terminology that is used specifically in the divorce proceedings as follows: 

• The divorce petition is now known as the divorce application; 
• The decree nisi is now known as the conditional order; 
• The decree absolute is now known as the final order. 

Another change brought in under the DDSA 2020 is the ability for an application for divorce/dissolution to be made jointly by you and your spouse/civil partner. You can still make a sole application for divorce/dissolution.  

How long does the Divorce / Dissolution of Civil Partnership process take? 

Overall, the divorce/dissolution process will take a minimum of 26 weeks to be completed from when the application is issued.

The conditional order cannot be applied for until 20 weeks have passed from the date on which the application is issued.

The final order cannot be applied for until 6 weeks have passed from the date on which the conditional order was made. 

The divorce/dissolution process may well take longer than this depending on whether there are financial matters that need to be addressed as well.  

Financial Matters  

Divorce/dissolution can be emotionally challenging, and navigating financial matters during this time can add additional stress and complexity. Seeking assistance from one of our family law solicitors will provide you with valuable guidance and support with the aim of resolving financial issues amicably and fairly.  

At Price & Kelway we will provide you with legal advice tailored to your specific situation. We will explain your rights and obligations concerning financial matters and provide you with advice on a financial settlement that is fair to you.

This will include advice on:

• the division of capital assets (including property, money and other financial assets) 
• pensions 
• maintenance pending suit and spousal periodical payments (if applicable to your case)  
• the division of debts 

Financial Disclosure 

To enable us to provide advice tailored to your needs and circumstances, we would advise that there is an exchange of financial disclosure between you and your spouse/civil partner. This process would involve you and your spouse/civil partner providing full details of your financial circumstances. This is normally done by you both completing a Financial Statement (also known as a Form E) and providing supporting financial documentation.  

Mediation 

We can recommend alternatives to a Court application such as a referral to mediation. 

Consent Order 

We recognise the benefit and importance of achieving an early agreement about a financial settlement and we will negotiate with your spouse/civil partner or their solicitor to try to achieve this on your behalf.  

If an agreement can be reached through negotiation or mediation, then we will prepare a document called a Consent Order which will record the terms of financial settlement agreed upon and this document will be sent to the Court to be sealed to ensure that it becomes legally binding upon you and your spouse/civil partner.  

Court Proceedings 

It may be in some circumstances that there is no alternative to issuing financial proceedings at the Court, particularly if you and your spouse/civil partner hold different views on what sort of financial settlement would be considered fair and so cannot agree upon what the financial settlement should be.  

When financial proceedings are before the Court, although a Judge can use their discretion on what they consider to be an appropriate financial settlement depending on the particular circumstances of each individual case, the Judge will have regard to the principles as are set out in section 25 of the Matrimonial Causes Act 1973 and Schedule 5 of the Civil Partnership Act 2004, with the first consideration being given to the welfare of any child of the family.  

The Court’s considerations include: 

• the income, earning capacity, property and other financial resources which each of the parties has or is likely to have in the foreseeable future, including earning capacity and any increase in that capacity which it would be in the court’s opinion, reasonable to expect a party to take steps to acquire 
• the financial needs, obligations and responsibilities that each party has now or is likely to have in the foreseeable future 
• the standard of living enjoyed by the family before the breakdown of the marriage 
• each person’s age and the length of the marriage 
• any physical or mental disability of either of the parties 
• the contributions which each of the parties has made or is likely to make in the foreseeable future to the welfare of the family (this includes contributions such as looking after the home or caring for the family) 
• the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it 
• in cases of divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which that party will lose the chance of acquiring 

Separation Agreement 

If you are undecided on whether you wish to proceed with a divorce or dissolution of civil partnership, we can still assist you in reaching an agreement about financial matters.

A Separation Agreement recording the terms of financial settlement agreed between you and your spouse/civil partner can be prepared.

Although a Separation Agreement will not be legally binding upon you and your spouse/civil partner, it can reflect the terms of financial settlement that you and your spouse/civil partner intend to invite the Court to approve once you have decided to proceed with a divorce or dissolution of civil partnership.

If the terms of the Separation Agreement are fair and both you and your spouse/civil partner have sought independent legal advice upon it before signing it, then a Court would strongly consider this document when determining financial matters.   

Conclusion:

Engaging the services of one of our family law solicitors early in the divorce / financial process will ensure that you are well supported throughout the divorce/dissolution process, that your rights are protected, and will ensure that your financial interests are effectively represented.