Questions about applying for a divorce or ending a civil partnership
Getting a Divorce or Ending a Civil Partnership
Questions About Divorce & Civil Partnership
At Parfitt Cresswell, our legal professionals specialise in family law, including divorce and ending civil partnerships. Our legal professionals have compiled a comprehensive guide to help individuals understand the legal process and their rights and options regarding ending a marriage or civil partnership.
We are here to help you understand how to begin the process, the financial implications of divorce, how to navigate the process if you have children, and more. Whether you are just contemplating divorce or are already in the process, Parfitt Cresswell is here to provide you with valuable information and guidance.
What is the Process for Divorce and Ending Civil Partnerships?
The divorce and civil partnership dissolution process goes as follows:
- Applying for divorce by way of a sole or joint application
- Responding to a divorce application if your spouse has filed a sole application
- Applying for conditional order
- Applying for final order
Grounds for Divorce
Since April 2022, in the UK, it has been possible to divorce without fault. A sole or joint application can be issued. It is necessary for the applicant (or joint applicants) to make a statement within the application that the marriage has irretrievably broken down.
How do you apply for divorce?
The application for divorce can be completed online. In the application, a statement of irretrievable breakdown that signifies that the marriage will not be reconciled is required.
A legal professional will be able to help you with the process and advise you, ensuring the application is completed correctly. You will require your marriage or civil partnership certificate.
Filing a Joint Divorce Application
It is open to parties to complete a joint or sole divorce application. It is not possible to switch from a sole application to a joint application once the application has been issued, but it is possible for a joint applicant to apply for conditional order independently - it will not however then be possible to revert to addressing matters jointly.
Information and Documents Required for a Divorce Application
You will be required to know the exact date of your marriage and your marriage or civil partnership certificate is required to support the application. If the dates included in the application are wrong, it will be sent back to you.
What Does “Responding to a Divorce Application” Mean?
If you applied for divorce or dissolution of a civil partnership as a sole applicant on or after 6 April 2022, your spouse/partner will be served with divorce or dissolution papers by email or post from the court. Once received, they have 14 days to respond/acknowledge the proceedings.
What If My Partner Does Not Respond to My Divorce Application?
Depending on the circumstances of your situation, you may:
- Request the court bailiff to serve the application
- Request the court continue as if your spouse / civil partner has received it, if you can provide evidence that they have, in fact, received it
- Request to continue because your spouse / civil partner cannot be traced
What Is a Conditional Order?
Twenty weeks after applying for your divorce or dissolution, you may apply for a conditional order that serves as the court’s recognition that there are no barriers to your divorce or dissolution.
If you want to switch from a joint application to a sole application, the change will be requested during your request for a conditional order.
What Is a Final Order?
Six weeks and one day after your conditional order is granted, you may apply for final order. A final order serves as legal recognition that your civil partnership or marriage is permanently dissolved.
If you apply for final order after 12 months have passed since conditional order, the court will require an explanation as to why you did not apply before this time. This may be due to the financial arrangements remaining outstanding.
Can My Partner Dispute the Divorce or Dissolution?
Under no-fault divorce, there are limited grounds for disputing the divorce or dissolution, such as:
- The marriage or civil partnership is invalid
- Your spouse / civil partner believes there has already been a divorce or dissolution
- Your spouse / civil partner believes the court does not have jurisdiction over the divorce or dissolution
What Is Included in Financial Settlements
Financial settlements encompass the division of a range of marital components, including:
- Division of assets, including property, savings, investments and pensions
- Payment of maintenance
What If We Cannot Agree on a Financial Settlement?
The settlement may be reached through negotiations between the parties, with the assistance of legal professionals or mediators, or it may be decided by the court if the parties cannot agree.
Trust the Legal Expertise of Parfitt Cresswell
The legal professionals at Parfitt Cresswell can provide you with constructive advice and support throughout your divorce or dissolution. We understand that a relationship breakdown can be difficult and emotional, so we work with your best interests at the forefront of all we do. Contact our legal professionals to discuss your case today.
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