Read our Q&A to learn more about what happens during the divorce process.

12 Dec What happens during the divorce process?

Posted at 00:00h in Family Law by

If you have made a final decision to divorce, you will most likely have lots of questions about what happens during the divorce process.  The first step is to ensure you are eligible for a divorce.

Katharine Scoot, partner and family law solicitor answers some of the most frequently asked questions about the divorce process.

Am I eligible for a divorce?

To legally divorce the criteria states that:

  • You have been married for over a year
  • Your marriage has irretrievably broken down
  • The courts of England and Wales have jurisdiction.

Since April 6, 2022, the ‘no-fault divorce’ process sought to make the process less confrontational. This means that you no longer need to assign blame for the marriage breakdown. The focus is on the fact that the marriage has irretrievably broken down.

How do I initiate divorce proceedings?

To begin the process you should decide if you want to make a joint application with your spouse or a sole application.  If you applied jointly you need to wait 20 weeks from the date your divorce application was acknowledged, then you can apply for a Conditional Order.  If you applied as a sole applicant, the court would send your spouse the divorce application and the Acknowledgement of Service Form.  They should respond to it within 14 days and state if they agree or dispute the divorce. If they agree, you will then wait 20 weeks from the date of your divorce application. After this time you can apply for a Conditional Order.

How should I prepare for the first meeting with a divorce solicitor?

Meeting your divorce lawyer for the first time can be daunting. Our team of family law experts are here to support you and guide you through the process.  To get the most out of your meeting, you can gather essential information such as your marriage certificate, your spouse’s contact details, key dates, such as marriage date and separation date.  We will also ask you for details of any children (names, dates of birth and their current living arrangements). It is also helpful if you have a list of any assets that will need to be considered as a part of your divorce settlement.

How can I make the process as amicable as possible?

As members of the family law group Resolution, we follow its professional code of practice. This means we will always take a non-confrontational approach to family law issues. We believe this will produce better outcomes for separating families and their children.  If the viewpoints of each spouse differ significantly, it may be appropriate to work with our collaborative solicitor, who will use a ‘roundtable’ approach to resolve matters.   Or you may prefer family mediation which is a voluntary and confidential process that helps you to reach decisions and joint solutions through discussion with an independent mediator.

How will the finances be divided?

There is no set formula for the division of the matrimonial assets. Each case is assessed on its own individual merits to reach a settlement that is fair to both parties. The court will consider factors such as, but not limited to, the income and earning capacity of each party and financial needs of each party. Consideration is given to whether spousal maintenance, child support, lump sum, transfer of property and pension sharing will be appropriate.

How long does the divorce process take?

The timeline varies based on individual circumstances. Generally, the process takes a minimum of 20 weeks from the application for a Conditional Order, followed by an additional 6 weeks and 1 day to obtain the Final Order. This period may extend if complexities arise.  Or if the parties have not agreed how to divide up the matrimonial assets.

What are the costs to get a divorce?

There is a court fee of £593 for a divorce application.   We will provide a clear breakdown of potential costs for your situation during your first no-obligation consultation.

What happens after the divorce?

Once the final order has been granted, it is important to know that it does not stop either spouse from having a claim on the other’s income, assets, or future inheritance, if a Financial Clean Break Order was not agreed. It is therefore important to obtain a Financial Clean Break Order. It is a financial settlement agreed by both spouses.  It means that no future claims can be brought against a former spouse including any pensions entitlement.

You will also need to update your Will and if you are buying or selling a property our conveyancing team will manage the conveyancing process for you.

Mentally prepare.

Facing a divorce is an emotionally challenging time, especially when it comes to discussing the division of matrimonial assets and child arrangements.  It is important to consider the time you need to mentally prepare before beginning the process.

Then when you are ready, contact us, and we will guide you through each step.

For more information:

To make an initial appointment with one of our family solicitors

Meet the team

Kathy Scoot, Partner and Family Law Solicitor

Roger Weller, Senior Associate Solicitor, Family Law

Vyonne Manuel, Associate Solicitor, Family Law

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