Insights

The only ground for divorce is that the marriage has irretrievably broken down.

No Fault Divorce was introduced in England and Wales on 6th April 2022. There are 3 key stages to the divorce process: filing the application, applying for the Conditional Order, and applying for the Final Order. Upon filing the initial application for Divorce, the Court/Applicant has 28 days to serve the Respondent with notice of the proceedings. The Respondent is then expected to file the Acknowledgement of Service Form within 14 days. After a period of 20 weeks has lapsed from the date of the divorce application being issued by the court (and subject to the Acknowledgement of Service Form being field within at least 14 days prior) an application for the Conditional Order can be made. The Final Order can be applied for after 6 weeks from the date of the Conditional Order. The marriage is only terminated upon the Final Order being issued.

The new legislation introduced on 6th April 2022 now mandates that all Divorces will take a minimum of 26 weeks (6 months). A Divorce will not be finalised by the Court in a shorter time unless in exceptional circumstances. This time frame has been mandated as the process for filing for Divorce has now been made easier and more time for reflection is therefore dictated to ensure all parties are certain of the decision they are making.

A divorce typically involves three written applications being submitted to the Court. You will not be required to attend Court for any hearings in connection with a divorce. If the person seeking a divorce asks a Judge for a Court Order such as asking the person responding to the divorce to pay their legal costs, and this is disputed, you may be asked to attend a Court Hearing before the Judge decides on such specific issues.

The legal process of divorce ends your contract of marriage. The divorce process does not resolve any other issues relating to property, money, or children upon separation – whilst connected, these issues involve separate legal procedures.

Pensions can be dealt with in several different ways. They can be subject to a pension sharing order, where a percentage of your fund value is transferred to your former spouse. Alternatively, if you wanted to protect your pension, its value can be offset against other capital assets. For example, you could agree to give your former spouse more of the equity in the house on the condition that you keep all your pension.

Rights of access and spending time with a parent are generally the right of the children, not the parent. Provided that there is not a risk of harm to the children, arrangements for them to spend time with a parent will be ordered by the Court. It is best to negotiate such arrangements by direct discussions or by attending mediation to agree on the best way forward. If you cannot agree, an application can be made to the Court, providing that you have attended a MIAM (Mediation Information and Assessment Meeting).