With the cost of living at historic levels, divorce can seem just one more unaffordable cost. But does it have to be this way? Can couples deal with the divorce themselves? There are many advantages and disadvantages to filing for divorce yourself, so it is important you understand the process at the outset.
With the cost of living at historic levels, divorce can seem just one more unaffordable cost. But does it have to be this way? Can couples deal with the divorce themselves? There are many advantages and disadvantages to filing for divorce yourself, so it is important you understand the process at the outset.
If you have a family law issue and you require legal advice to understand your options, contact specialist family law solicitor Parvien Akhtar. Parvien is an award-winning lawyer with 25 years of experience as a qualified solicitor, and has a proven track record of providing high-quality advice to her clients.
When couples separate, there are two main distinctive elements that need to be dealt with. The first is the divorce or dissolution itself, with the second part being the financial settlement. Whilst filing for a divorce is a relatively simple affair, the financial component may be more complex and require some legal assistance.
Sometimes, couples cannot agree about arrangements for their children. This may lead to court proceedings, although, in most cases, can usually be sorted out via correspondence between solicitors or through mediation. Additionally, couples may have older or adult children who can make their own arrangements or not have children at all. Child arrangements are therefore not generally considered as a third element in divorce because it does not necessarily apply to all cases, whereas the divorce process and sorting out finances relate to most matters.
Can I apply for divorce without legal help?
The divorce and dissolution process has become simpler, and it is therefore easier for parties to apply for divorce themselves without necessairly obtaining legal advice or help from a solicitor specialised in dealing with such matters.
There are many online divorce options for DIY divorce including a dedicated government site, gov.uk/divorce, which allows individuals to complete the application form online and begin the process themselves. Before proceeding, you will need your spouse’s full name and address, your original marriage certificate, and if you want the divorce papers to be sent to your ex online, their email address. You will also be required to pay a court fee, although if you are receiving certain benefits or on a low income, you may be eligible for a fee exemption. Remember though, you are entering into a legal process, and doing so without legal advice beforehand may present risks.
Why are financial orders important?
Without a financial order in place, the finances of the marriage are left open leaving the possibility that either party might make a financial claim against the other, even if the final divorce order was obtained many years before. This is because obtaining the final divorce order does not automatically resolve the financial matters between you. Even if you have acquired no property or assets during your marriage, you should consider getting a “clean break” order, which will close down any future claims either of you can make. After all, you may win a huge amount of money or receive an inheritance which you wouldn’t want your ex to get their hands on.
When you reach the stage of having to sort out finances, it may be sensible to take some legal advice in order to make sure you are on the right track. Most solicitors provide ad hoc legal advice and are only too happy to provide an action plan of next steps. This way, you can be certain you are following the correct procedure in order to protect your financial future.
What are the key stages of a divorce I should know about?
The first decision you should make is whether you want to make a joint application for divorce with your ex or apply on your own. It takes a minimum of 6 months to obtain a divorce, and it is the same amount of time for both joint and sole applications.
The 5 key stages of the divorce process are:
- The divorce application is completed and sent to the court together with the original marriage certificate and the appropriate fee. If you are in receipt of certain benefits or on a low income, then you may be eligible for a reduction or full remission of the court fees.
- The response and reflection period – your ex sends their response to the application to court within 14 days. Although you do not need your ex’s consent to get divorced, the process is smoother if they respond when required. There is then a mandatory reflection period of 20 weeks that begins once the divorce application is submitted.
- Apply for a conditional order – you can apply for a conditional order and continue with the divorce as a sole application, even if you began the process jointly with your ex. At this stage, you are formally asking the court to proceed with the divorce.
- Conditional order (after application) – the court reviews your application, and if the judge agrees, will issue you and your ex with a “Certificate of Entitlement” to confirm the date the conditional order was granted. You remain married, even after the conditional order has been pronounced. To officially end the marriage, you must apply to finalise the divorce by submitting the “Notice of Application” for the conditional order to be made final.
- Pronouncement of final order – you can only apply for a final order after waiting 6 weeks plus 1 day from the date of the conditional order.
If, at any stage, you are doubtful you have taken the correct approach, before submitting documents to the court, consider taking legal advice to make sure you are following the correct procedure. A little advice at strategic times can go a long way to reducing mistakes that cost both time and money.
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