Divorce
It can be difficult dealing with the unexpected breakdown of the relationship whilst also trying to navigate around the confusing legal terms and formalities.
By seeking legal advice in the early stages, you may help minimise conflict, avoid costly court proceedings and resolve matters in less time and hassle.
If you and your partner are considering separation or divorce, our family law team in Chelmsford can offer you practical advice and help you make sense of the process.
We will help you consider whether a separation or a divorce would be in your best interests. You may decide that you do not wish to take immediate steps to end your marriage or relationship however we can also provide you with information about your legal rights and options moving forward. If you should decide to divorce, we can help you draft the relevant documents and guide you through the process, step by step.
Establishing grounds for divorce
The only ground for divorce in England and Wales is that the marriage has irretrievably broken down. To satisfy this, you’ll need to provide a statement of irretrievable breakdown to confirm that the relationship has disintegrated. Following the introduction of no-fault divorce, it is no longer necessary to provide a reason for the breakdown of your marriage.
Initiating a divorce
There is a two stage process to a divorce. To commence a divorce, you must individually, or jointly with your partner, prepare a divorce application. We can draft the application on your behalf and take you through the process of obtaining a Conditional Order, which is the first stage, and help you obtain the Final Order, which is the final stage of the divorce process.
Obtaining a divorce
After a minimum of 20 weeks from submitting the divorce application, you can apply for a Conditional Order. This cooling-off period has been introduced to give the divorcing couple time to properly consider the decision they have made, and to give them the time to organising their affairs. For example, making decisions regarding any children involved.
The receipt of the Conditional Order means that you are entitled to a divorce. You then have to wait an additional six weeks and a day before applying for a Final Order. Once you receive the Final Order, you are officially divorced and free to remarry if you wish.
You will need to discuss with your solicitor whether any action is required in respect of children or financial matters as these are not dealt with as part of the divorce proceedings.
Other considerations
Unfortunately, divorce isn’t just about dissolving your relationship. There are other factors you will need to take into consideration and which we are also able to assist you with:
- Financial issues, including property, maintenance payments and pensions.
- Children and the arrangements for their care.
- The family home.
- Family assets.
- Wills, trusts and tax planning.
Divorce FAQs
In this section, you will find some of the often asked questions regarding divorce related issues. If you have a query that is not covered below, please do not hesitate to contact us.
What are the grounds for divorce?
How long does the process take and what's involved?
- The divorce itself – i.e. the ending of the marriage.
- Agreement on the financial arrangements, such as how the assets will be divided and whether any maintenance will be payable.
- Agreement on the arrangements for looking after any dependent children.
At the first meeting, your solicitor is required by a code called the Family Law Protocol to consider a number of issues and may need to discuss some of them with you. These issues include the prospects of reconciliation, possible referral to a family mediator, children issues, whether there is a need to limit access to joint bank accounts and credit cards, the need to register rights of occupation of the family home at the Land Registry, and much more.
The process of divorce itself starts when a divorce petition is filed with the court. This petition can be filed as a sole application or a joint application. In a sole application, the applicant’s solicitor normally completes the required documents.
In the case of a joint application, the court will send notice of the issued petition to both parties and they must acknowledge receipt of this.
With a sole application, the respondent spouse must file an acknowledgement of service (a document asking the respondent to acknowledge receipt of notice that the applicant wishes to divorce) within 14 days of service. If they intend to dispute the proceedings, they must file notice of this within 21 days, following the initial 14 days. Although a spouse will no longer be able to defend a divorce, they can still dispute the proceedings on restricted legislative grounds such as whether the court in England and Wales has jurisdiction over the marriage, the validity of the marriage or if the marriage has already been legally ended.
The applicant(s) must then wait a minimum of 20 weeks before confirming that they wish to proceed with the divorce. These 20 weeks of meaningful reflection can be used by the parties to co-operate amicably in getting their affairs in order and planning for the future.
Following this, the court will make a Conditional Order (previously known as a Decree Nisi).
After a minimum of 6 weeks, the courts can make a Final Order (previously known as a Decree Absolute). This signifies the official dissolution of the marriage.
We would, however, always advise that parties reach a financial settlement before applying for a Final Order, so as to not limit the finances available in a settlement (such as pensions). As such, the length of time it takes to reach a financial settlement will ultimately delay the divorce being finalised.
What is mediation and do we have to do it?
When can I apply for a divorce?
There is a bar on applying for a divorce within the first year of the marriage. After one year has passed then you can make an application for a divorce.
Do I have to provide grounds to apply for a divorce?
No. The law changed in 2022 and grounds are no longer required to get divorced. The new laws are referred to as the “No-fault divorce”.
All that you must declare is that the marriage is irretrievably broken down.
Can we apply for a divorce together?
It is now possible to make a joint application for a divorce as well as sole one.
If the application is made on a sole basis, the other party will need to confirm receipt of the application and send back an “acknowledgement of service” within 14 days.
How do I apply for a divorce?
You can apply for a divorce yourself on the gov.uk website or with the help of a solicitor through the divorce portal.
We provide a fixed fee in relation to divorce applications. We aim to take the stress out of the process by ensuring all deadlines are met and documentation is correctly filed with the court in a timely manner.
What happens after I apply for a divorce?
After the application has been acknowledged by the other party there is a 20 week “cooling off” period before the Conditional Order can be applied for. This time aims to prevent people divorcing in haste.
People often use this time to try and agree the financial settlement of their divorce.
When is the Final Order granted and can I change my mind?
The Final Order can be applied for 6 weeks after the Conditional Order has been granted. Once the Final Order is granted this marks the end of the marriage. At this point it is not possible to change your minds.
The Final Order used to be called the Decree Absolute.
Do we sort out our finances using the same application?
No, this is a separate process.
We always advise people who are getting divorced to formalise the financial settlement of the divorce through the court. This provides protection against future claims.
We advise that the Final Order of your divorce is not applied for until the Financial Order has been granted.
We offer expert advice as to the law in this area and can provide you with an indication of what would represent a fair and reasonable split of your assets. We will aim to help you negotiate a settlement outside of court but, if it becomes necessary, we can carefully guide you through the court process.
Get in touch
Speak to one of our expert divorce solicitors now – call 01245 228106 or email family@gepp.co.uk.
Or complete the enquiry form below:
Please note, we do not accept legal aid for family matters.
Family expertise
Adoption |
Children Law |
Civil Partnerships |
Cohabitation |
Divorce |
Financial Settlements |
Grandparents' Rights |
Injunctions |
Prenuptial Agreements |
Separation Agreements |