From the April 6, the law changes to remove the blame/fault grounds for divorce and all divorces can proceed on the basis that the marriage has broken down irretrievably. If your spouse applies for a divorce under the new law, you can no longer contest that application.
All divorces must be applied for online. There will be no more paper applications allowed.
New divorce law
A couple who have decided their marriage has broken down irretrievably can now make a joint application for a divorce by completing the application together, or one partner can apply alone.
The court fee for a divorce application is currently £593. However, if a couple apply, they might both be eligible for help with that court fee directly from the court to obtain a reduction, or to have the fee waived altogether. Sometimes, it might make more financial sense for you both to agree to the divorce but for one partner to deal with the paperwork.
Bendles Solicitors can advise you before you apply about what your options are and to discuss your best way forward.
After the application for divorce has been made and the court has issued the proceedings, then a cooling off period of no less than 20 weeks starts, before you can apply for a conditional order, then a further six weeks before you can obtain a final order, officially ending your marriage.
Do you really want a divorce?
This six-month period can be used wisely to reflect if you really want a divorce? Or is there a way through your unhappiness?
Did one of you complete the application online in anger, or under the influence, and now regrets that application and whatever was troubling one of you has since passed? However, if the marriage has broken down irretrievably, then you can both take steps to use the six-month period wisely to look at how to fairly divide the financial assets, balance up any income needs and look at whether any adjustments to pensions need to be made between you.
It is very important in most cases not to obtain your final divorce order until you have obtained a final order dealing with the distribution of the finances of the marriage.
What about care of children?
During the six months, you can also look at ensuring that arrangements are made between you for the ongoing care of any children of the family. Bendles Solicitors can also guide and advise you if you can’t work things out together regarding the care of the children. They can also advise you as to the process and arrangements for finances and children, and occupation of the matrimonial home until matters are finalised.
Advice is on hand
It is vitally important to get independent legal advice at every stage of the divorce process.
If you need help, please contact the Bendles team to arrange a half-hour free appointment to discuss your options, whatever stage you are at.
Bendles Solicitors can still only advise one of you, due to solicitors’ rules regarding conflict of interest, but guarantee that they will approach your case with sensitivity, kindness and in a non-confrontational manner and with a team of Family Law Legal 500 recognised experts and a long-established firm behind them, who can meet all your legal needs under one roof.
Please contact the Carlisle office on 01228 522215 or email [email protected] for enquiries Cumbria-wide.
With specialists in the north and south of the county, Bendles Solicitors have Cumbria and beyond covered for your needs.
