How do I get a divorce?
To apply for a divorce, you must have been married for at least one year and your relationship must have permanently broken down. The process is now done online. PGM can submit the application for you on the Court portal. A fee of £593 has to be paid to the Court upon issuing the divorce.
What are the grounds for divorce?
Since 6 April 2022, divorce has been on a no-fault basis. The Divorce, Dissolution and Separation Act 2020 allows married couples to divorce without assigning blame. The introduction of a no-fault divorce system means that a couple can petition for a divorce jointly without either person being held at fault.
What does the divorce process look like?
- A single or joint application for a divorce order made.
- 20 weeks later, the applicant can apply for the conditional decree.
- 6 weeks later, the Final Order can be made.
How long will my divorce take?
There is a minimum period of 20 weeks between the start of proceedings, or when a court issues application and when the applicant may apply for Conditional Order. There is a current minimum time frame of 6 weeks between Conditional Order and when the Order can be made final. Overall the process will be a have a timeframe of 6 months, but can be longer depending on individual circumstances.
Do I have to use a solicitor to get divorced?
Without specialist legal advice you can get things wrong and this can delay matters and/or increase costs you may not know about it until you are years down the line. Divorces are a permanent process and it can be difficult and highly costly to undo any mistakes that are made. Furthermore, if the divorce involves children or any significant amount of money or other assets, you are strongly advised to use a solicitor.
They can:
- advise you on what your rights are and what would be a reasonable financial settlement;
- help you negotiate agreement on financial arrangements and how any children will be looked after;
- make sure that court documents are correctly completed and filed on time.
I need to make arrangements for my children, how do I go about this?
A Child Arrangement Order can be drafted, which will determine ‘with whom a child is to live, spend time or otherwise have contact’ and can be sought under section 8 of the Children Act 1989 but only where there is a significant disagreement between you and your spouse.
What if I change my mind?
You can stop the proceedings at any time before the final order is made. (If your spouse wants to proceed with them, however, they may be able to do so). In those circumstances we would normally recommend that the application is formally dismissed by the Court.
For further guidance, contact us for specialist advice on 01792 468684 or email enquiries@pgmsolicitors.co.uk.
