Divorce Solicitors In Southend-on-Sea, Essex
Divorce, Separation & Financial Matters
Divorce: How do I apply for a divorce and what is the procedure?
Divorce and civil partnership dissolution proceedings can be commenced in England and Wales after the parties have been married for one year. From April 2022 in England and Wales you no longer have to give a reason for the marriage breakdown. Before April 2022 you had to show that the marriage has broken down irretrievably by supporting that statement with one of the previous traditional five facts. This is no longer the case. We now have what is called the “no fault” divorce. You only need to confirm that the marriage has broken down irretrievably; that it cannot be saved.
You will need to complete a divorce petition which is usually applied for online electronically and the current court fee for filing that is £593.
The divorce procedure can take at least 6 months. There is now a 20 week wait from the date the divorce petition is served on the other party until the conditional order can be applied for. This is the first stage. Then, you will need to wait a further 6 weeks and one day before you can apply for the final order.
Civil Partnership breakdown – what do I need to do in these circumstances?
If a civil partnership breaks down and you wish to formerly end the relationship you will need to file a dissolution petition, which works in a similar way as a divorce petition. The traditional reasons for the breakdown no longer need to be relied on to prove this, in the same way as they have been removed in the “no fault” divorce.
Financial disputes / financial settlements: how are these dealt with and what is the procedure?
Upon separating, the parties will need to consider how their finances will be arranged between them. This will include their assets including pensions, their income and any debts. Child maintenance will also need to be considered.
The matrimonial and civil partnership law enables the court to make a number of orders in relation to finances such as property adjustment orders, pension orders and orders for income and capital. This does not mean every divorcing couple or the parties of a civil partnership have to go to court. If the parties can agree a financial settlement, then this can be drafted into a consent order and sent to the court for approval without the parties needing to attend court.
If finances become contested and an agreement cannot be reached then mediation will need to be considered and one or both parties will need to attend a Mediation Information and Assessment Meeting (MIAM) before formal court proceedings can begin.
Separation agreements:
These are usually drafted where the parties are separated but where no divorce or civil partnership proceedings have begun. They enable the parties to put finances on a formal footing. However, these agreements are not necessarily final. In some circumstances they can be altered or re-visited once a divorce or civil partnership dissolution has begun.
