For those contemplating divorce or dissolution, the emotional and practical implications can often feel quite overwhelming. Fortunately, the process to legally end a marriage or civil partnership is now designed to be as straightforward as possible to allow separating couples to focus their attention on resolving the practical issues, such as separating their finances, agreeing arrangements for the children, and deciding on what arrangements need to be put in place in the meantime.
To be able to start a divorce, you will need to have been married for at least one year. There is no need for separating couples to provide reasons for the breakdown of their marriage; separating couples simply need to state that the marriage or civil partnership has broken down irretrievably.
Ideally, separating couples will agree who will start the application process. This tends to ensure that the process is not unduly delayed as it is a requirement that the spouse who is not making the application provides an acknowledgement that they have received the application. However, either spouse can simply begin the process themselves by completing the online application. There is also an option to apply for divorce together as joint applicants.
From the date that the court issues the divorce application there will be a mandatory waiting period of 20 weeks. At the end of the 20-week waiting period you can apply for your Conditional Order, this is the Order in which the court confirms that you are entitled to a divorce. You need to have obtained the Conditional Order before a court will sign off any financial agreement you and your spouse have reached.
Once you have obtained your Conditional Order then you will have to wait for a further six weeks to apply for the Final Order; that is the point at which your divorce is final and your marriage is legally dissolved.
Often, this obligatory waiting period is a good time to start discussions about the practicalities of your separation.
When approaching discussions about children with your spouse, keep in mind that the children and their needs should be the centre of yours and your spouse’s focus. It is often helpful to use a parenting plan to help structure those discussions. A useful parenting plan template can be downloaded from the Cafcass website, www.cafcass.gov.uk.
Married couples have financial claims against each other as a result of their marriage. These claims will remain open, even if the Final Divorce Order is granted, until a separate Financial Order addressing the finances of the marriage is granted by the court. Until this is done, the financial claims between separating couples remain open.
It is possible for spouses to reach an agreement without going through court, and a one of our specialist family solicitors can draw an agreement into a Consent Order and send it to the court for approval to make it legally binding and enforceable.
Blandy & Blandy is a leading Thames Valley law firm with offices in Wokingham, Henley-on-Thames and Reading. For further information or legal advice, please visit our Wokingham office at 5 Market Place, call 0118 951 6888 or visit www.blandy.co.uk.
