It’s easiest to think of a divorce as two separate processes that run alongside each other. These are: the dissolution of the marriage and the financial remedy.
The Dissolution of the Marriage
Marriage isn’t only an emotional relationship between two people. When a couple marry, they are entering into a legal relationship with one another. This means that when the parties wish to go their separate ways, the legal relationship needs to be dissolved.
The process of dissolving the marriage consists of three steps: the divorce application, the Conditional Order (previously known as the Decree Nisi) and the Final Order (previously known as the Decree Absolute). Martha Warner, Trainee Solicitor in our Family Services Department, takes us through these main steps.
Divorce application
The first step of dissolving a marriage is making a divorce application. This can now be completed entirely online. The online form will take you through the steps required to submit your application, and you (the Applicant) will be asked for your details, your spouse’s details, a marriage certificate and the divorce fee. If the Applicant chooses to undertake a sole application, the spouse will also be notified of the Applicant’s intention to divorce.
Any updates on the progression of the divorce will be sent to the parties via email or letter, but please note, if you are a Respondent in the divorce proceedings (in other words, your spouse has made the divorce application), you will not be invited to progress the application, you will only be notified of its progression.
Once the application has been submitted and approved, the parties enter what’s known as the 20-week cooling off period. This period is designed for the parties to reflect and consider how they wish to divide the matrimonial finances. At this stage, seeking legal advice to explore financial entitlements is recommended.
Information regarding online divorce applications can be found in guidance supplied by the UK Government at:
https://www.gov.uk/divorce/file-for-divorce
It is always advisable to seek legal advice before starting the application to ensure that you fully understand the process, and that your rights are protected.
Conditional Order Stage
The Applicant will be invited by email to apply for a Conditional Order once the 20-week cooling off period has elapsed. It is easiest to think about the Conditional Order as the amber light to ‘get ready’ for the Final Order.
Once the Conditional Order has been granted, there is a further 6-week waiting period until the Final Order becomes available. This is the point where the Financial Remedy comes to the forefront of the divorce process.
Final Order Stage
Once the 6 weeks have elapsed, it is possible to apply for a Final Order. When the Final Order is approved, the marriage has been dissolved, and the parties are divorced.
Please note, although it is possible to progress your divorce all the way to the Final Order before the Financial Remedy has been agreed, this is not generally recommended. The process I have described above should usually run alongside the Financial Remedy. For legal advice on this, please contact a solicitor.
Financial Remedy
Once the parties enter the 20-week holding period, discussions should start to take place regarding division of the finances. This can be the tricky part of the divorce, and progression is dependent on how amicable the relationship between the parties is.
In simple terms, both parties have financial entitlements, and these will vary depending on the circumstances of the marriage. A solicitor will be able to advise a party what their entitlements are.
Ultimately, if the parties cannot come to a financial agreement through negotiation or mediation, the spouses will eventually end up in court, where the decision on how to split the finances will be made for them.
Once a financial agreement has been reached, a solicitor will draw up a document called a Consent Order. This is a legal document that details the financial agreement. Both parties will sign the document, and it will be put before a Judge for approval. The Consent Order cannot be submitted to the Judge before the Conditional Order stage, even if the parties have reached an agreement and a Consent Order has been drafted.
Ideally, the Consent Order should be submitted before the Final Order is applied for. This means that when the marriage is dissolved, the finances are also resolved alongside this, ensuring that the parties can divorce smoothly.
If these two processes run alongside each other in the usual way, the divorce process will be as smooth and fast as it can be.
Getting a solicitor involved
If you want to pursue a divorce, the advice will always be to speak to a solicitor to understand the divorce or separation process and your entitlements. It’s important to explore your entitlements so you can begin negotiations with your spouse from a position of knowledge. See our Financial Settlement page for more information.
Divorce and Separation Solicitors
With offices across Lincolnshire and East Yorkshire, including Lincoln, Grimsby and Hull, our professional and caring family law solicitors can help.
If you would like to discuss your divorce with a solicitor, please contact us on 01522 518888, make an online enquiry, or contact us via our online chat function available at our website.
