How Do I Get a Divorce?
Divorce is a significant life event, often fraught with emotional and legal complexities. Navigating the process under English law requires understanding the legal framework and knowing the steps to take. This comprehensive guide outlines how to get a divorce in England and explains how Makwana Solicitors can support you throughout the process.
Understanding Divorce Under English Law
Divorce legally dissolves a marriage, ending the legal duties and responsibilities between the spouses. In England, the process is governed by the Matrimonial Causes Act 1973 and more recently by the Divorce, Dissolution and Separation Act 2020, which introduced “no-fault” divorce. This new framework simplifies the process, removing the need to assign blame.
- Grounds for Divorce
Under the Divorce, Dissolution and Separation Act 2020, the requirement to establish fault has been abolished. Previously, grounds such as adultery, unreasonable behaviour, desertion, or separation had to be proven. Now, you can apply for divorce simply by stating that the marriage has irretrievably broken down.
Key Points:
- No-Fault Divorce: Allows for divorce without assigning blame to either party.
- Irretrievable Breakdown: The only ground needed for divorce.
- Filing for Divorce
The divorce process starts with filing a divorce application, also known as a divorce petition. This can be done online through the government portal or by submitting a paper form to the Family Court.
Steps to File:
- Complete the Application: Provide details about your marriage, including your marriage certificate, and confirm the irretrievable breakdown of the marriage.
- Submit the Application: File the form along with the appropriate court fee. If you have a low income, you may qualify for a fee reduction.
- Service and Response
Once the divorce application is submitted, it must be served to your spouse (the respondent). They need to acknowledge receipt and decide whether to agree or contest the divorce.
Respondent’s Options:
- Agree: If the respondent agrees to the divorce, the process can proceed smoothly.
- Contest: If the respondent contests the divorce, this may lead to additional legal proceedings and a court hearing.
- Conditional Order
If the respondent agrees, the court will issue a conditional order (formerly known as a decree nisi). This order indicates that the court sees no reason why you cannot get divorced.
Conditional Order Process:
- Apply for the Conditional Order: Typically done six weeks after the respondent’s acknowledgment.
- Court Review: A judge reviews the application, and if satisfied, grants the conditional order.
- Final Order
The final order (formerly known as a decree absolute) is the document that legally ends the marriage.
Obtaining the Final Order:
- Apply for the Final Order: Six weeks after the conditional order is granted.
- Legal Effect: The final order legally dissolves the marriage, allowing both parties to remarry if they choose.
- Financial and Child Arrangements
Ending the marriage through divorce does not automatically resolve financial matters or child arrangements. These need to be addressed separately, often through mediation or court orders.
Financial Arrangements:
- Financial Settlement: Negotiate the division of assets, spousal maintenance, and financial responsibilities.
- Consent Order: Submit a consent order to the court to make any financial agreements legally binding.
Child Arrangements:
- Parental Responsibility: Agree on living arrangements, financial support, and decision-making for any children.
- Child Arrangement Order: Apply to the court for a child arrangement order if an agreement cannot be reached amicably.
How Makwana Solicitors Can Help
Divorce can be a stressful process. At Makwana Solicitors, we offer expert legal guidance and comprehensive support to help you navigate your divorce smoothly.
- Initial Consultation
We provide an initial consultation to understand your situation and advise on your options. This consultation helps us tailor our services to meet your specific needs.
- Assistance with Filing
Our team assists you in completing and submitting your divorce application correctly, ensuring all necessary details are included and preventing delays.
- Guidance for Respondents
If you are the respondent, we advise on how to respond to the divorce petition, whether to agree or contest the application, and the implications of each option.
- Managing Conditional and Final Orders
We guide you through the process of applying for the conditional and final orders, ensuring all documentation is accurate and submitted on time.
- Handling Financial and Child Arrangements
We help negotiate financial settlements and child arrangements. Our solicitors can assist with mediation and represent you in court if necessary, ensuring fair and equitable outcomes.
- Court Representation
For contested divorces or disputes requiring legal intervention, we provide skilled representation to protect your interests and achieve favourable outcomes.
Why Choose Makwana Solicitors?
- Expertise: Our solicitors have extensive experience in family law and handling divorce cases.
- Personalised Service: We offer tailored advice based on your unique situation.
- Comprehensive Support: We support you through every stage of the divorce process, from initial consultation to final resolution.
- Confidentiality and Sensitivity: We handle all matters with the utmost discretion and care.
Conclusion
Divorce in England involves multiple steps, from filing the application to securing the final order. Understanding the process and having professional support is crucial for a smooth and fair resolution. Makwana Solicitors is committed to providing expert legal assistance to ensure your divorce proceedings are handled efficiently and sensitively.
For expert guidance and support through your divorce, contact Makwana Solicitors today. We are here to assist you with every aspect of your divorce, ensuring you receive the best possible advice and representation.
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