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Court Procedures For Divorce Cases

This guide outlines the court procedures for divorce cases. At Forbes, our divorce solicitors will help to demystify the process for you and make it as straightforward as possible.

SOLVING PERSONAL LEGAL MATTERS

If you are going through a divorce and require legal representation, our family law solicitors are here to provide you with expert legal guidance and support. We understand that every divorce case is unique, and we work closely with our clients to ensure that their individual needs are met. Our team is committed to achieving the best possible outcome for our clients in an efficient and cost-effective manner.

What are Divorce Procedures?

Divorce procedures refer to the legal process of ending a marriage. In the UK, a divorce can be obtained if the marriage has irretrievably broken down. The divorce process was changed in April 2022, making the process simpler.

The process of going through a divorce can seem extremely daunting - especially as the legal procedure is combined with a period of emotional turmoil. At Forbes Solicitors, we hope to demystify the process for you and make it as straightforward as possible. With this in mind, we have laid out the court procedures for divorce cases so that you understand the various terms and where they appear.

It is important to note here that the divorce proceedings themselves are separate from ancillary relief proceedings which resolve financial matters, and so the information here is concerned only with the divorce proceedings.

Conditions for Filing for a Divorce

In order to file for a divorce, you and your spouse need to have been married for at least one year and you or your spouse must be living in - or have your permanent home in - England or Wales. If these criteria are met, either partner can apply for a divorce application. The person who does this is known as the applicant and the other is known as the Respondent. The applicant must fill in the relevant paperwork and send it to the court along with the marriage certificate and court fee.

Grounds for Procedure

Parties wanting to apply for a divorce will have to sign a statement to confirm that their marriage has broken down irretrievably.

The applicant will then receive paperwork from the Court notifying them that the application for divorce has been issued and confirming when this was sent to the Respondent.

The Respondent must reply to the application within seven days of receipt.

If the Respondent fails to acknowledge receipt of the application to the court, there are a number of ways in which we can ask the court to consider the application without the Respondent's agreement. These include having the documents personally served upon them or making an application to the court for deemed service.

The next stage of the divorce process is to apply for a Conditional Order, and this can only be done 20 weeks after the date the Court first issued the divorce application.

Six weeks and one day after the granting of the Conditional Order, the applicant is able to apply for the Final Order. Once this is granted by the court, the divorce is final. If the applicant fails to apply for the Final Order during this time period, the Respondent can apply for it a further three months later.

The process of getting a divorce is long, drawn out and complicated - especially when there are children involved or financial matters to arrange. It's also a time of emotional difficulty and great stress. This is why it is wise to have good legal advice from expert divorce and family law solicitors to ensure the process goes as smoothly as it can, and that everything is settled fairly for you and your family.

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FAQs

What is the court procedure for divorce in the UK?

You can get a divorce if you have been married for over a year, your relationship has permanently broken down and your marriage is legally recognised in the UK (including same sex marriage). You will need to make an application for divorce with a certified copy of your marriage certificate. The application is made on the court portal and the application can be made jointly with your spouse.

How long does the divorce process take?

It can take around 6 - 9 months if the application proceeds by agreement and finances have also been resolved.

What are the grounds for divorce?

The grounds for divorce is that the marriage has irretrievably broken down.

Can I file for divorce without a solicitor?

Yes, it is possible to file for divorce without a solicitor. However, it is important to note that the divorce process can be complex and it is recommended to seek legal advice to ensure that your rights and interests are protected. There are also online resources and guidance available from the government website to assist with the process.

What is the role of a solicitor in the divorce process?

A solicitor's role in the divorce process is to provide legal advice and guidance to their client, assist with the preparation and filing of divorce papers, negotiate settlements, represent their client in court if necessary, and ensure that their client's rights and interests are protected throughout the divorce proceedings. They can also provide advice on related issues such as child arrangements, property division, and financial settlements.

How much does it cost to get a divorce in the UK?

The cost of getting a divorce varies depending on the complexity of the case and whether or not you use a solicitor. The court fee for filing a divorce petition is currently £593. Additional costs may include solicitor fees, mediation fees, and court fees for any hearings. The total cost can range from a few hundred pounds to several thousand pounds.

What happens if my spouse contests the divorce?

If your spouse contests the divorce, it means they do not agree to the divorce and wish to defend the case. This can lead to a longer and more complicated legal process, including court hearings and potentially a trial. However, if you can prove that the marriage has irretrievably broken down, the court may still grant the divorce. It is recommended to seek legal advice in this situation.

Can I still get a divorce if my spouse refuses to cooperate?

Yes, you can still get a divorce even if your spouse doesn't want one. You would need to ensure the papers are served on your spouse or, in certain circumstances, an application can be made to dispense with the need for service of papers at the Court's discretion.

What is a conditional order and what is a final order?

In UK law the conditional order is a court order which confirms that the marriage has irretrievably broken down. It is not the final divorce order. After a period of time, the applicant can apply for a final order, which finally and legally ends the marriage.

What happens to our assets and finances during a divorce?

During a divorce, assets and finances are divided between the parties according to UK law. This includes property, savings, investments, pensions, and any other assets acquired during the marriage. The court will consider factors such as the length of the marriage, the financial needs of each party, and any contributions made by each party. The division of assets and finances can be negotiated between the parties or decided by a court order.