If you are considering getting a divorce in England and Wales, there are a few things you should know. We will provide a brief overview of the process and the things you should consider, including the likley costs of a divorce in England and Wales.
What is a divorce?
A divorce is a legal process whereby a marriage is dissolved. This can happen either through mutual agreement between the couple, or through a court order. Once a divorce is finalized, the couple is no longer considered married, and they are free to pursue other relationships. The process of getting a divorce can sometimes be complex where children and finances are involved, and often requires the assistance of a family law solicitor.
How to get a divorce?
If you are considering a divorce, there are a few things you should do to make the process as smooth as possible. It is always advisable to consult with a family law solicitor to make sure you are eligible for a divorce and to understand the divorce process and your rights in relation to children and finances.
If financial assets are involved, you should gather all financial documents so you can accurately divide your assets.
Finally, you should be prepared for an emotional process, as divorce can be tough on both parties, even if it is mutual.
In order for you to get a divorce, you must be married for at least a year before you can file for divorce.
As the law has now changed to allow no fault divorce, you only need to show that the relationship has irretrievably broken down. The divorce application includes a statement to this effect, and the court takes that statement as conclusive proof. There is no need to provide reasons or evidence.
As there is no apportionment of blame, there is no provision for contested divorces or defended proceedings. However, it can be disputed on grounds of jurisdiction and validity of the marriage or civil partnership.
If you are granted a divorce, known as a conditional order, you must wait six weeks before it becomes final. This is called the final order and the period of six weeks and 1 day is intended to give both parties an opportunity to change their minds, if they so wish.
How much does it cost to get a divorce?
Amin Haque Solicitors offer a fixed fee no fault divorce for £600 plus VAT. We take care of the entire divorce process. There is a court fee of £593.00 which is payable to the court when the application is lodged in addition to the legal fees.
There could be other charges involved if it is not a mutually agreed divorce or where one party is trying to avoid going through with the divorce. You may need to make further applications to the court should a party choose not to cooperate.
If there are financial matters or child arrangement matters involved then additional court and legal fees likely to be incurred, including Court attendance fees. Unless the divorce is contested on the limited grounds of jurisdiction and validity, then there should not be any need to attend court for the divorce.
How long does it take to get a divorce?
It can take anywhere from four to six months to get a divorce in England, depending on the complexity of the case and whether both parties are in agreement. If there are children involved or disputed finances, it can take longer. The first step is to file a petition with the court, which will then be served to the other party. Once they have received the petition, they have 14 days to respond.
If they do not respond, the divorce can be granted without their input; however, further steps need to be taken which may add to the length of time taken to finalise the divorce. If there are any disagreements, the divorce will take longer to finalize.
Fixed Fee Divorce and Free Initial Consultation
If you are considering getting a divorce, then get in touch with Amin Haque Solicitors for a Free Initial Consultation.
We hope this article provides a brief overview of the divorce process. Please note that this article is not intended to be legal advice and you should always seek advices from a family law solicitor to advise on your individual circumstances.
