Divorce :  Legal and financial information

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Divorce :  Legal and financial information

Must-knows about divorce* 

Getting a divorce can be difficult and distressing, especially if it is an acrimonious one.. Divorce can be a deeply emotional event and even the most consensual separation is likely to involve feelings of sadness, disappointment, and guilt, and separation may be non consensual, involving allegations of betrayal, abuse, and infidelity.  This website aims to give you the “must-knows” about divorce and help you get through the process as quickly and painlessly as possible, whilst achieving the best settlement and living your best life after it’s all done and dusted.

Whatever your situation, and however complex your circumstances, you must go through each of the following pages to understand the different aspects of getting a divorce, what to consider and anticipate about the process, and how you can minimise some of the stresses and difficulties which can come up.  

Key points also to remember is to maintain good health during the distressing process which will also help you after the whole process is complete.  Whether you deal with your divorce yourself or go via the mediation process or via the legal route, you will need a very clear head to read through all the research online, all the paperwork generated from the divorce processes and finally to make a good decision for you. Do not under estimate the stress that is caused by the whole process, especially if it is going to be a very acrimonious one.

This website discusses topics for a divorce in England, but happy to receive contributions on the process and FAQs on other jurisdictions for readers of this website.

Also see the link for relevant updates to the law / process that I think you should be aware of. “What’s changing”   I may not be able to post all updates so please check with Gov.uk or online for any other changes.  You will also find links to many other relevant websites to extract  additional information (highlighted in blue).

 

New divorce law to end the blame game

New divorce law to end the blame game

New legislation to overhaul divorce law and reduce family conflict. For full details refer to new-divorce-law-to-end-the-blame-game

Divorcing couples will no longer have to blame each other for the breakdown of their marriage as the Justice Secretary today (9 April 2019) announced a new law to help reduce family conflict.  To the dismay of separating couples and the legal profession, implementation of the Divorce, Dissolution and Separation Act has been delayed until 6 April 2022, to allow sufficient time for the digital arm of the service to be developed and tested.

Current laws demand proof that a marriage has broken down irretrievably and force spouses to evidence ‘unreasonable behaviour’ or years of separation, even in cases where a couple has made a mutual decision to part ways.

Marriages are not saved by the ability of one spouse to ‘contest’ a divorce in court. Very few divorces are contested but this practice is known to be misused by abusers choosing to contest a divorce purely to continue their coercive and controlling behaviour. The government therefore proposes to remove it.

  1. Application for divorce: The law will soon allow “joint” applications (at the moment only one person initiates the divorce process)
  2. Reason for divorce: This will be updated soon where the five “facts” as the reason for a divorce will be removed and you only need to provide simply a statement of “irretrievable breakdown” – expected to be implemented 2022.
  3. Contesting a divorce: Soon they will remove the ability of either party to contest a divorce
  4. Divorce process timeline: Introducing a minimum timeframe of 6 months, from the initial petition of the divorce stage to the finalisation of the divorce (20 weeks from petition stage to decree nisi; 6 weeks from decree nisi to decree absolute). reflects consultation respondents’ views that couples ‘feel divorced’ when the court grants the provisional decree of divorce (the ‘decree nisi’). This will provide a meaningful period of reflection and the opportunity to turn back. Where divorce is inevitable, it will better enable couples to reach agreement on practical arrangements for the future.

Courts will retain the power to expedite the process where appropriate

 

PLEASE ALSO NOTE THE RECENT CHANGES IN THE TERMINOLOGY – on the “Divorce Glossary” page/tab.