Divorce

How do I get divorced? The divorce process has changed

The divorce process has changed considerably. The Divorce, Dissolution, and Separation Act 2020 (no-fault divorce) came into force on 6 April 2022.  This brought into effect the biggest change to divorce law in 50 years.
 
Until that date, a couple who wanted to divorce either had to have lived apart for at least 2 years or, instead, rely on the other’s adultery or unreasonable behaviour.  Now, a couple can divorce without any need to rely on a period of separation or fault, although the marriage must still have broken down irretrievably and you still cannot divorce less than 12 months from the date of the marriage.

Divorce does have a significant impact upon inheritance and pension rights, and it is generally recommended to ensure that financial issues are resolved prior to making an application for a Final Divorce Order. 

To find out more please visit our Financial Remedy Order and proceedings page.

We understand booking to see a divorce lawyer can be scary. Click here to read an article about what happens at the first meeting with a divorce lawyer - it gives an overview of the information you will need to bring with you, how the meeting will work and what happens next.

If your marriage has broken down beyond repair and you are looking to obtain a divorce, but want to keep things friendly, take a look at 10 top tips on getting divorced amicably from a member of our family law team. There are lots of helpful articles about family and relationships, divorce and separation, children's issues and other topics on our blog.

Whilst divorce has the effect of bringing the marriage to an end, some people do not feel ready to take that step or have moral or religious objections to divorce. In that situation, a couple might agree to simply separate but remain legally married or to seek a judicial separation.

If a decision is made to simply separate, no formal documentation acknowledging this is required, however, it is strongly recommended that the financial issues arising as a result of the separation are agreed and set out in a formal separation agreement.

Judicial separation, by comparison with divorce, ends the legal obligation to cohabit but does not terminate the marriage itself. It is available on exactly the same grounds as divorce and is largely the same process, albeit there is only one order and not two. 

The difference between a simple separation and judicial separation is that where judicial separation has been granted, the court can make financial orders dealing with the financial aspect of separation whether by agreement in a consent order or following determination by a judge.

A nullity petition is another option where the marriage is considered to be void or voidable. A marriage would be considered void if the couple were too closely related, under 16 at the time of the marriage, had disregarded certain requirements for marriage or where either party at the time of the marriage was already lawfully married or in a civil partnership. 

A marriage may be voidable (subject to a number of restrictions dealing with timing and knowledge) where:

• the marriage has not been consummated owing to incapacity or wilful refusal
• there was not valid consent to the marriage
• at the time of the marriage the respondent was suffering with a sexually transmitted disease
• at the time of the marriage the respondent was pregnant by some person other than the spouse
• that an interim gender recognition certificate has been issued to either party since the marriage
• the respondent is a person whose gender at the time of the marriage had become acquired under the gender recognition act 2004

If you are in a same sex marriage or civil partnership which has broken down, then you may wish to obtain a divorce (if married) or dissolution (if in a civil partnership) in order to bring the marriage or civil partnership to an end. 

The process is the same as if you were in a heterosexual marriage. Details around Civil Partnerships are available here: Civil partnership solicitors Family Law Birkett Long

Should you not wish to obtain a divorce or dissolution then alternatives include: 

• nullity where the civil partnership is void or voidable
• separation order which is the civil partnership equivalent of judicial separation. 

Any of these options also allow the court to address the financial issues arising as a result of the separation, whether by consent or following determination by a judge.

It also remains a possibility for you both to agree to separate but remain legally married or in a civil partnership. If a decision is made to simply separate, no formal documentation acknowledging this is required, however, it is strongly recommended that the financial issues arising as a result of the separation are agreed and set out in a formal separation agreement. You can visit Phoebe Trott’s blog about separation agreements here: What is a Separation Agreement?

If you or your spouse have connections with other countries outside of England and Wales and are contemplating divorce or separation, it is extremely important that you seek urgent legal advice in relation to your options. 

In some cases, it is possible that divorce proceedings may be issued in England and Wales or in another country and this can have a significant impact on the outcome of the financial issues. England and Wales are generally considered to have the most discretion and therefore offer the most generous approach to financial provision on divorce. 

Visit this page to find out more about international divorce here: international divorce solicitors.

The current laws of England and Wales do not offer the same rights or recognition to couples who are cohabiting, rather than being married or in a civil partnership. There is no such thing as a common law spouse, and so if you decide to separate, no formal documentation is required to give effect to this.

However, separation is still likely to raise issues with regards to how financial issues should be addressed and arrangements for any children. Bespoke legal advice from our specialist family solicitors will help ensure the best possible outcome for you and ensure that the outcome is set out within either a separation agreement or court order, as appropriate. 

Every marriage has its trials and tribulations. If you think you might want a divorce, it’s a really good idea to talk to your partner about how you feel. Discussing the problems in your relationship will alert your partner to the fact you are unhappy and will give you both a chance to see if you can try and put things right. 

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The first thing to do is to come and see an expert divorce and separation lawyer. We can guide you through what you need to think about, what steps you need to take and how best to resolve the issues that arise in your particular case.

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The divorce itself is a straightforward online exercise, which can be completed without needing to attend court.  You will need to decide whether you wish to divorce straight away and if so, whether to apply solely or jointly. 

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You, as the children’s parents, are the best people to decide the most appropriate arrangements for them once you separate. Studies show that it is the conflict between parents that is most damaging to children, not the separation itself. If you cannot agree what is in the best interests of the children then there are a number of avenues open to you.

Read more here

Our specialist divorce and separation lawyers can guide you through the financial side of your separation and advise you at an early stage on the likely outcome.  

A divorcing couple have claims against one another for property, lump sums, maintenance and pensions. You will need to exchange full and frank disclosure with your partner so that the income, expenditure, assets and liabilities of you both can be clearly understood and this will enable us to advise you on how it would be appropriate to settle the financial claims in your particular circumstances. 

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