What to Expect During Divorce Proceedings

If you’re experiencing a break down in your relationship, you may be seeking legal advice to begin divorce proceedings. All divorces are different and during this difficult time it’s important to be well informed. This blog will outline the key information you need to know when considering a divorce. 

 

 

In the UK, you are eligible for a divorce if: 

 

 

In April 2022, the government introduced a ‘no-fault divorce’ which removed the element of blame in divorce proceedings. As a result, you can make a joint or sole application for a divorce without having to give a reason or prove grounds such as adultery or unreasonable behaviour. The aim of this change is to make the process easier and avoid unnecessary conflict and delays. 

 

 

The divorce process can vary in length depending on your circumstances, however the stages are as follows: 

 

• Initial application 

• Acknowledgement 

• Mandatory 20-week ‘cooling-off period’ 

• Conditional Order 

• Final Order 

 

This takes a minimum of around 6 months but if you and your partner cannot reach an agreement on dividing your assets or childcare arrangements, this will lengthen the process while negotiations take place. From start to finish, your solicitor will be there to provide legal support and advice. 

 

 

The process begins when the ’applicant’ makes an application to the court for a divorce. The court will issue the initial application and send it to the other party in the divorce, known as the ‘respondent’, who will formally confirm the document has been received. This is the Acknowledgement part of the process. 

 

20 weeks after the initial application, you can then apply for a Conditional Order which confirms you are entitled to a divorce. Six weeks and one day following your Conditional Order, you can apply for a Final Order which legally dissolves your marriage. 

 

 

The process is slightly different if you and your partner are making a joint application for a divorce. You will both be responsible for the applications to court and will be expected to co-operate during proceedings. 

 

 

During proceedings, you and your partner may need to consider additional factors where you share finances, a property or if you need to decide on childcare arrangements. All circumstances are different and sometimes you may not agree on how to move forward. The best approach for you should be discussed with your solicitor who will advise you and negotiate on your behalf. 

 

 

Approaching a family lawyer early for advice will ensure you begin the process with legal support and the right expertise. Divorce is a difficult and often stressful experience, and your solicitor will be there to answer any questions you have, ensure the process is done correctly and support you when areas of contention arise. 

 

Get in touch with us today to set up an appointment in our Barnstaple or Okehampton offices.