The Divorce Procedure
The divorce process has been streamlined in recent years, especially with the introduction of the “no-fault” divorce law in April 2022. The process is now a fixed procedure and takes around 6-7 months from start to finish, subject to the Court’s workload.
It is now possible for you to make the divorce application online (it can still be done via the post if required). If you wish to make an application, you will require your original marriage certificate. A copy can be obtained from the General Register Office if you are unable to locate this. There is also a Court fee of £612.00 which will need to be paid by the applying spouse. You may wish to seek a contribution from your spouse, although they have no obligation to contribute.
You may not be required to pay the Court fee however if you are eligible for the Court’s ‘Help with Fees’ scheme. To be eligible, you are required to have less than £4,250.00 in savings and to be in receipt of certain benefits, such as Universal Credit or Personal Independence Payments (PIP). Please note that whilst the divorce does bring your marriage to an end, it does not resolve the financial arrangements, or bring an end to either spouse’s respective rights to make a financial claim against the other in relation to the marriage or against the Estate of the other under the Rules of Intestacy.
Finances
If there are financial issues to resolve on divorce, there are various ways in which the assets can be divided. The Court has power to make Financial Orders in respect of income, property, capital assets and pensions and their approach is to calculate and then distribute the spouses’ available resources to achieve a fair outcome based on the parties’ respective needs.
If you and your spouse have reached an agreement direct, or if agreement is reached through solicitors, it is possible to lodge a Financial Consent Order with the Court. This is a document which embodies the agreement reached between you and your spouse. Once approved by the Court, it is both binding on you and your spouse and enforceable in the event of non-compliance. There is a Court fee of £60.00 and this is usually split between the parties. If an agreement cannot be reached, there are various options available to you. One such option is mediation. This provides a suitable alternative to dealing with matters through solicitors or the Court process.
A Court application can also be made. However, this should only be used as a last resort and can make the process of obtaining a Financial Order more complex. There is also a Court fee of £313.00, although you may be eligible for ‘Help with Fees’ as discussed above.
Where possible, the Court aims to achieve a clean break between the spouses. This basically ends your financial ties to each other and means that you are financially independent. Without a clean break in place, the finances remain open, and it will be possible for either spouse to make an application in relation to the finances in the future.
Given the vast array of options, you should always seek advice from a solicitor who can talk you through the options, their respective processes, and the associated costs.
Talk to North Ainley’s Family Law Team Today
If you require any advice or assistance in relation to Family Law, or wish to instruct North Ainley to deal with matters on your behalf, please do not hesitate contact a member of our Family team on 0161 624 5614 or by emailing [email protected]
