We can provide clear, sympathetic guidance for every stage of divorce proceeding, including completing and submitting a divorce application, responding to a divorce application and representing you in divorce proceedings.
What is the Divorce Procedure?
The Divorce Dissolution and Separation Act 2020 received royal assent on 25 June 2020 and the relevant sections in relation to no fault divorce came into force on 6 April 2022. Under the no fault divorce process, the divorce application only needs to detail that there has been an irretrievable breakdown in the marriage. There is no longer a need to provide evidence of the reason for the breakdown of the marriage by citing adultery, unreasonable behaviour, or periods of separation.
The divorce process can be started either through a joint application or by one spouse applying for a divorce. This process is done online. Once the divorce application has been issued by the Court, a minimum timeframe of 20 weeks must pass before the applicant in the divorce can apply for the conditional order. This ensures that there is a period of reflection, and where divorce is inevitable, provides a greater opportunity for couples to agree practical arrangements for the future. This is followed by a further minimum time period of six weeks before both parties or one party can apply for the divorce order to finalise the divorce and legally bring the marriage to an end. If the application is made by one party that party must give 14 days' notice of their intention to apply.
However, we regularly advise our clients not to apply for the final divorce order until any outstanding financial issues have been resolved.
The divorce process takes a minimum of 26 weeks from the point of issue to the final divorce order but can often take longer if financial negotiations take longer than this.
If you are starting the divorce
If you have decided that your marriage or civil partnership has broken down a member of our specialist team can deal with the divorce proceedings on your behalf.
We will hold a meeting with you to advise you about the process, advise you of the documents and information we need from you, draft the application to start the divorce, liaise with your husband/wife or their solicitor before starting the divorce and issue your divorce online. We will prepare further documents to progress the divorce and we will apply for and advise you of the date of your conditional order and final order in your divorce.
If you are responding to a divorce
Where divorce proceedings are started by your husband/wife, or your civil partner, you may wish to receive advice and support throughout those proceedings.
Get in touch to discuss how we can help you by calling 01752 292201.
Wolferstans LLP is a limited liability partnership, registered in England and Wales (registered number OC433921) which is authorised and regulated by the Solicitors Regulation Authority with number 811913. (Plymstock Office SRA number 819159; Plympton Office SRA number 819160). The SRA’s Standards and Regulations can be viewed here. A list of the members of Wolferstans LLP, and of their professional qualifications, is available for inspection at our registered office: 60/66 North Hill Plymouth Devon PL4 8EP. We use the word `partner` to refer to a member of the LLP or an employee or consultant with equivalent standing and qualifications. Data Protection Register Entry Number ZB009475 with an expiry date of 14 March 2022.VAT Registration Number 144043893.