Divorce

Moving Through This Stage

 

Divorce can be an extremely difficult experience. For many people it comes as a shock, and even when the decision to separate is your own, the changes that follow can feel overwhelming. The process often involves adjusting to a different way of living while facing important decisions about finances, family arrangements and the future.

During this time it can help to have someone who understands the court process and can talk things through in a calm and practical way. I provide supportive, structured guidance to help you navigate this stage with greater clarity and confidence, so that you feel better prepared for the decisions ahead and the practical steps involved.

 

 

Taking the First Step

 

If you are at the beginning of the divorce process or feeling uncertain about the steps ahead, you may find it helpful to talk through your situation in a calm and confidential setting.

I offer an initial introductory call where we can discuss your circumstances, identify what stage of the process you are at, and consider the practical steps available to you.

This often brings clarity to what can otherwise feel overwhelming and helps you move forward with confidence.

 

 

The Divorce Process in England & Wales

 

Divorce in England and Wales now follows a no-fault system, meaning neither party is required to prove wrongdoing. Instead, one or both spouses simply confirm that the marriage has irretrievably broken down.

 

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The Legal Process

 

The legal divorce process is relatively structured and usually progresses through the following stages.

 

1. Divorce Application

The process begins by submitting a divorce application to the court, usually through the online government service.

The application confirms details of the marriage, the parties involved, and that the marriage has irretrievably broken down.

The court fee for a divorce application is £612. Once issued, the court sends the application to the other spouse.

 

2. Acknowledgement of Service

The respondent confirms receipt of the divorce application by completing an Acknowledgement of Service. This confirms that the application has been received and that the divorce can proceed.

If the respondent does not respond, the divorce process can still continue. The applicant may need to take additional steps to demonstrate that the application has been properly served.

This may include arranging personal service of the documents by a process server, applying for deemed service where the court accepts the respondent has received the application, or applying for dispensed service if the respondent cannot be located despite reasonable efforts.

These steps allow the divorce to proceed even where the other party does not cooperate.

 

3. Conditional Order

After the divorce application has been issued, there is a minimum 20-week period before the applicant can apply for a Conditional Order. This period allows time to reflect and consider arrangements relating to finances and children.

Once this period has passed, the applicant may apply for the Conditional Order. This confirms that the court sees no legal reason why the divorce cannot proceed, although the marriage is not yet legally ended at this stage.

 

4. Final Order

Six weeks after the Conditional Order has been granted, the applicant may apply for the Final Order.

Once the Final Order is granted, the marriage is legally dissolved and the parties are formally divorced.

If the applicant does not apply, the respondent may apply after a further three months.

It is important to consider whether financial matters have been resolved or a financial order has been approved by the court before applying for the Final Order, as divorce itself does not deal with financial claims between spouses.

 

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Financial Matters Following Divorce

 

It is important to understand that a divorce does not resolve financial matters between spouses.

Even after a Final Order has been granted, financial claims can remain open unless they are formally resolved by a Financial Consent Order approved by the court.

Without a Consent Order in place, future assets, inheritance or income could still potentially be subject to claims.

You can find further information about Financial Consent Orders here →

 

 

How I Can Help

 

As a professional McKenzie Friend providing divorce support, I can guide you through what to expect, help you understand each stage of the process, and support you in making informed decisions about the next steps.

This includes assistance with understanding the application process, completing forms correctly, and considering whether mediation or court proceedings may be appropriate in your circumstances.

If you would like to discuss your situation, you can arrange an initial introductory call using the booking link below.

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