The divorce process can be a daunting and emotionally challenging journey. In mediation we can provide you with all the information you need so you know where to start. Understanding the legal process involved can help alleviate some of the stress and ensure that you are well-prepared for each step of the process.
The first step is to familiarise yourself with the legal requirements for obtaining a divorce – a good place to start is https://www.gov.uk/divorce.
The divorce process usually takes a minimum of 7 months from beginning to end. In England and Wales, you must have been married for at least one year before you can file for divorce. If not, you may be able to apply for annulment or legal separation.
As of April 2022, the new “no-fault” divorce law came into effect, simplifying the process. You no longer need to prove that your partner is at fault or give reasoning. Instead, you can simply state that the marriage has broken down irretrievably. This change aims to reduce conflict and make the process less acrimonious.
Starting a Divorce Application
One person can start the process by making a divorce application to the court based on the irretrievable breakdown of the marriage. Or, both parties can complete the divorce process together by starting what is known as a joint divorce application.
To initiate the divorce, you need to file an application with the family court. You can do this online or by post. The application must include the original marriage certificate (or a certified copy).
https://www.gov.uk/divorce/file-for-divorce?step-by-step-nav=84b7fdca-a8b0-4500-bc27-dafeab9f1401
There is a fee for filing the divorce application, currently set at £593. If you are on a low income, you might be eligible for help with court fees.
https://www.gov.uk/get-help-with-court-fees?step-by-step-nav=84b7fdca-a8b0-4500-bc27-dafeab9f1401
Acknowledgement of Service
The next step in the divorce process is to send your partner a copy of the divorce petition and the acknowledgement of service. Your partner has 14 days to complete and return the acknowledgement to the court.
20-Week Reflection Period
The new divorce law requires a minimum period of 20 weeks from when you start proceedings to a conditional order of divorce can be made.
This ‘reflection period’ allows a greater opportunity for couples to agree practical arrangements for the future where reconciliation is not possible and divorce is inevitable.
This period is a key time where you may wish to consider mediation to help both of you decide the most workable and fair arrangements for children, as well as the division of any money or assets.
Conditional Order
After the 20 week period, you can apply for a Conditional Order (formerly known as a ‘Decree Nisi’). By applying for a Conditional Order you are asking the court to proceed with the divorce. If the court approves your divorce application, they will issue you with a Certificate of Entitlement to confirm the date of your conditional order.
Application for Financial Order
Once the Conditional Order has been granted, you can apply to have any financial arrangement you’ve reached made legally binding. If you haven’t been able to reach an agreement, this might be a good time to think about mediation.
Final Divorce Order
Six weeks after the Conditional Order is granted, you can apply for a Final Order. This legally ends the marriage. There may be some good reasons to hold off on applying for a Final Order, for example if financial matters remain unresolved.
How Can Mediation Help?
Mediation can offer a more amicable and less adversarial approach to divorce. A professional mediator can assist in resolving disputes, fostering open dialogue, and finding mutually beneficial solutions out of court. You can mediate before, during or after the divorce is finalised if arrangements still need to be made.
Divorce is a significant life change, but understanding the process can help you navigate it more smoothly. We offer a 15-minute free chat over the phone with one of our trained and experienced mediators so you can find out more. Or you can phone our office or email info@vollansmediation.co.uk for more information.