Divorce and Separation

As divorce specialists we can provide you with advice, information, reassurance, support and guidance. We always deal with your particular situation or circumstance with empathy and discretion.

The divorce law was substantively reformed in April 2022. The new law has removed the requirement to blame the other person for the breakdown of the marriage and removes the requirement for there to have been a period of separation prior to the divorce.  Instead, there are now only two requirements; the first is that the parties have been married for 12 months and the second is that the applicant must set out to the court that the marriage has irretrievably broken down (the applicant simply needs to tick a box on the divorce application form).  It is no longer possible to contest a divorce (unless the respondent has concerns that the court where the application was filed does not have jurisdiction to deal with the application).

The parties will need to decide whether they wish to make a divorce application jointly and if not, then which person will be the one making the application. We can discuss both these options carefully so that you have clear information prior to making a decision.

Whether a joint or individual application is made, the divorce application will need to be filed with the court online.  The family lawyers at Thompson Smith and Puxon have extensive knowledge of the online court portal to ensure that this process is efficient.

Following the divorce application being issued by the court there will be a 20 week waiting period.  After the 20 weeks have passed, the applicant will be able to proceed with their application for the Conditional Order (which once granted by the court will mark the half way point in the proceedings).  The application for a Conditional Order is straightforward and if a joint application for divorce has been filed then both parties will need to make the application on an individual basis.

The Conditional Order will not mark the end of the marriage. The earliest date that an application can be made to dissolve the marriage (the Final Order) is 6 weeks and 1 day after the date of the Conditional Order.   Often the applicant is advised to wait until the finances are resolved before making an application for the Final Order. We will discuss this with you and advise accordingly.

Please get in contact with one of our Family lawyers for further advice on the divorce process.

Separation

If you have decided that your relationship has come to an end but you do not feel ready to commence divorce proceedings then it is possible to enter into either a Judicial Separation or a Separation Agreement.  Judicial Separation involves a process very similar to divorce proceedings but the court does not consider whether the marriage has irretrievably broken down because the parties remain married after the process. The court has the power to make orders in relation to the finances but it is important to consider that the court cannot make orders in relation to pension provision. The key difference between Judicial Separation and divorce is that at the end of the Judicial Separation process you remain married. Judicial Separation is relatively uncommon but could be used in cases in which you have not been married for 12 months (and so cannot divorce yet) or there may be religious, cultural or personal reasons for not ending the marriage.

If the separation is a first step towards divorce proceedings then it may be preferable to enter into a Separation Agreement.  A Separation Agreement sets out a financial agreement reached between both parties. Similarly to Judicial Separation it cannot deal with pension provision.  The aim of a entering into a Separation Agreement is to seek to rely on the terms of the agreement down the line when entering into a financial order as part of the divorce process.  Separation Agreements are not 100% watertight as they are not sent to the court to be made legally binding and parties continue to remain married.

Finances

Resolving the finances in divorce proceedings can be extremely complex depending on the circumstances. Our lawyers can provide advice on this complex area and guide you through the process.

There is no right or wrong answer in finance cases and instead the legislation and case law provide us with a range of possible outcomes that are applied depending on the circumstances of the individual case.  Every case is different depending on the facts.  The overreaching principle in finance cases is fairness and this means something different in each case.  We will discuss your case with you in detail and create a plan with you to progress your case forward.