How do I start a divorce?
Divorce proceedings are issued online using HMCTS’s government’s divorce portal.
A single statement of ‘irretrievable breakdown’ is declared on the divorce application which is sufficient evidence for the grounds of granting your divorce.
You will be then referred to as the applicant (the person applying for divorce) throughout the divorce application process.
Parties to a marriage can also make a joint divorce application, and will be referred to as ‘applicant 1’ and ‘applicant 2’. Applicant 1 will prepare the application and applicant 2 must approve it before it can be submitted.
All applications are now prepared on a ‘no-fault‘ basis as a result of the new divorce legislation which came into force on 6th April, 2022. This means that there is no longer a requirement to provide a reason or apportion blame in respect of the breakdown of the marriage.
You will need your marriage certificate and a copy of any certified translation if the marriage took place abroad.
What happens next?
For sole divorce applications, the application will then be sent to your spouse who will be referred to as the respondent. The respondent must acknowledge service of the application (Acknowledgment of Service) within 14 days.
If the respondent fails to return the Acknowledgment of Service, there are other steps available which may enable the divorce to proceed despite the initial lack of response. The type of application you can make will depend on the circumstances of your case.
How much is a divorce?
The cost of a divorce includes the Court Issue Fee which is currently £612 plus our fixed fee in respect of legal costs of £400 plus VAT for a straight-forward divorce.
Who pays the legal fees in a divorce?
The person applying for the divorce (the applicant) is responsible for paying the Court Issue Fee. If there is a joint application being made the same rule applies meaning ‘applicant 1’ is liable to pay the Court Issue Fee.
If you earn below a certain amount or are in receipt of certain benefits, you may be exempt from paying the Court Issue Fee or you could be entitled to a reduction.
Will everything be split equally in divorce?
The starting point in the division of matrimonial wealth and assets is on a 50:50 basis however this can be departed from in order to achieve a fair outcome for the parties. Below are specific aspects taken into account in determining a fair division of assets.
- The welfare of any children of the marriage
- Income and earning capacity of the parties
- Financial resources you have or you could potentially have in the future
- Needs and ages of each party
- Duration of the marriage
- Any physical or mental disabilities
- Contributions made by both parties
- Conduct (serious) of each of the parties
- The loss of any benefit attributable to the breakdown of the marriage
This is a complex area of the law and you should consider taking legal advice tailored to your specific circumstances.
Who gets the dog in a divorce?
Although pets are very much a part of the family, they are regarded in the same category as personal belongings and household items by the law. When it comes to deciding who keeps the family pet, consideration will be given to who bought the pet, who the pet is registered to and who maintained the pet financially throughout the marriage.
If you cannot reach an agreement, you should seek legal advice or consider mediation.
The court may (probably reluctantly) decide who will keep the pet within a financial settlement however litigation is expensive and time consuming so this should always be the last resort.
If you have been successful in reaching an agreement between you as to who will keep any pet, this can be recorded in a Separation Agreement or within a final order in financial proceedings.
In 2014, the Law Society issued guidance encouraging the use of ‘pet-nups‘ which is an agreement similar to a pre-nuptial agreement but specifically prepared to deal with beloved pets and what the arrangements would be in the event of future separation.
What if we want to delay the divorce but deal with our financial issues?
It is entirely possible to reach an agreement regarding financial matters without obtaining a divorce and to implement such an agreement.
Any such agreement can be recorded in a Deed of Separation also known as a Separation Agreement executed in front of a witness (with the exception of pension sharing which requires a court order in divorce proceedings) which clearly states what has been agreed between the parties at the point of separation.
A Separation Agreement can also deal with arrangements regarding your children and any child maintenance however it will not prohibit applications to the Child Maintenance Service for an assessment.
A Separation Agreement is not a legally binding document in its own right, however provided certain conditions are met it is likely that the terms recorded in the Separation Agreement will be translated into a final binding order by the court if divorce proceedings are issued at a later date provided it is fair to both parties; both parties have received or had the opportunity of receiving legal advice; there has been financial disclosure and neither party is under duress when executing the Agreement.
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