Divorce
The period following the breakdown of a marriage can be tough and challenging for both parties. In addition to the emotional stress experienced as a result of the separation, the legal procedure can seem daunting; however, the process doesn’t have to be as complicated as many fear.
If possible, at the outset, you and your spouse should try to agree amicably how to deal with your finances and arrangements in respect of the family home and matters concerning any children of the marriage. These things will be dealt with separately to your divorce.
The Procedure
In order to apply for a divorce, you must have been married for at least a period of one year, and you must show that your marriage has irretrievably broken down. This is the only ground for divorce.
The divorce procedure in England and Wales was replaced in April 2022 to a no-fault divorce, which removes unnecessary acrimony and permits the parties to concentrate predominantly on the children and finances.
An application for divorce can be submitted online and this can be done as either a sole or a joint application. Once the application has been issued by the Court, if it is a sole application, then a copy of the application would be sent to the other party, who would be required to acknowledge service of the application within 14 days, and confirm whether they accept or disagree with it. If they disagree, then they will need to “dispute” the divorce. There is then a waiting period of 20 weeks, after which, Conditional Order can then be applied for. A Conditional Order confirms that the Court does not see any reason why your divorce cannot proceed. Once Conditional Order has been granted, you will be required to wait a further period of 6 weeks and 1 day until your Final Order can be applied for. Once Final Order has been received from the Court, it is at this point that you are officially divorced, and your marriage has permanently come to an end.
Finances
It is a common misconception that when you divorce, financial ties with your ex-spouse will automatically end, however this isn’t the case. Your Final Order will only put a legal end to your marriage, not your financial commitments to one another. The only way to do this, is by putting a Financial Consent Order in place, which will protect both parties in life and death preventing any further claims to be made against the other.
In the majority of cases, the finances are usually the most difficult aspect of the separation. Commonly, each party wishes to retain as much as they can for themselves, however, it is at the heart of any financial settlement for fairness to be achieved. There is no prescribed formula for the ultimate division of the assets, however the starting point is generally 50/50. The Court will then take into account various factors contained within Section 25 of the Matrimonial Causes Act 1973, such as the income and financial needs of both parties, and the needs of any children of the marriage.
Case Study 1
A married couple in their early 40’s, they jointly own the matrimonial home, and have two dependent children aged 9 and 12. Both parties earn a similar income and wish to equally share the care of the children.
The matrimonial home is sold and the proceeds of sale are divided equally between the parties, to enable them both to purchase two smaller properties to accommodate themselves and the children.
Case Study 2
A married couple in their 60’s with no dependent children, jointly own the matrimonial home, with small mortgage outstanding. Husband has a moderate pension which has accumulated over the years, whereas the wife does not have any pension provision.
The matrimonial home is sold, with the equity split equally between the parties to enable them both to rehouse themselves, and wife receives 50% share of husband’s pension.
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