The divorce process may appear daunting, and complicated, and with the new ‘No Fault Divorce’ Legislation having come into effect on 6 April 2022, the process in many ways has drastically changed.
In this article, we will simplify the process for you, exploring your options, and helping you to answer some practical questions before deciding on a course of action. Questions such as “Do both parties need a Solicitor in a Divorce?” and “What will happen to our shared assets?”
You can determine whether you require a Solicitor to assist you in your divorce, and understand the way in which you can retain control.
(Read Time: Approx. 4 minutes)
Topics Discussed:
- New ‘No Fault Divorce’ Legislation from 6 April 2022 changes how couples can apply for divorce.
- Divorcing couples must navigate financial arrangements, considering assets, contributions, and potential court involvement.
The First Steps
Gone are the days of bickering back and forth, with timely, and not to mention costly arguments deciding who was at fault.
Within the new divorce application, all you need to do is make a statement saying that you believe your marriage has broken down irretrievably. The statement can either be made alone, or jointly with your spouse. The application can no longer be contested.
After the question “Do both parties need a solicitor in a divorce?” we can now safely say that it’s useful for both parties to seek legal counsel.
The Reflection Period
Once the application has been sent off to the court with the court fee, you will have to wait for a minimum of 20 weeks before you can apply to the court for the ‘conditional order’. This is known as the ‘reflection period’ and is intended to allow you a period of time to come to an agreement with your spouse as to how to split your finances and look after your children.
Once the 20 week period expires, you will then have to wait a further six weeks before you can apply for the final order, and await the finalisation of your divorce.
What about our Finances?
As soon as the initial divorce application has been made, you need to start thinking about arrangements relating to your finances.
This will include matters such as your home, your pension, perhaps your car, and anything else that needs to be taken into consideration from what is in the pot.
Whilst it isn’t a compulsory matter within the divorce process, it is generally necessary in order to ensure that your finances have been dealt with, and to ensure that your spouse cannot claim against your estate.
The home may not be as simple as a decision of who owns the house. Factors such as contributions to bills, mortgage payments, renovations, will all come into play. The age of any children living in the house will have to be considered, whilst also considering alternative accommodation for the spouse moving out.
This is where the complexities arise, and it is often the hardest part of a divorce.
You need to consider any substantial assets at stake, the effect of one spouse being in a stronger financial position than the other, and how well the couple are able to communicate together.
Some couples may manage to work things out amicably between them, whereas others may be required to seek the assistance of the court.
In any event, once an agreement has been reached, whether it be amicably or with the assistance of the court, you will need to instruct a solicitor to draw up your financial consent order. This will ensure that the matters agreed upon are legally binding, and will take full effect.
Talk to a divorce solicitor
If you have any questions about the divorce process, or about settling your finances with your partner, we can be available to provide you with the advice and support you need.
Contact us using the form here to know more. Alternatively, call us on 01772 282768