Initiating a Divorce/Civil Partnership Dissolution

Initiating a Divorce / Civil Partnership Dissolution

When faced with the emotionally upsetting breakdown of a relationship, it may be very difficult to see a way forward.  Our divorce and family lawyers have years of experience and will take care of the necessary legal quagmire while you come to terms with the emotional change in your life.  Sometimes knowing and understanding the process can help.

Below are some things to bear in mind from a legal perspective when initiating a divorce.

In April 2022 the Divorce, Dissolution and Separation Act 2020 came into force.  The result is that one party in the marriage can now commence divorce proceedings without having to apportion any blame on the other.

The new law means that an irretrievable breakdown of a marriage no longer needs to be evidenced by one of the following five facts:

• adultery,
• two years’ separation with consent,
• unreasonable behaviour,
• five years separation,

All that is now required is a statement that the marriage has ‘irretrievably broken down’.

Once an application is made, it cannot be contested unless there is a genuine legal reason to do so.

As soon as the divorce application has been issued by the Court, the other party in the marriage is notified and they have 14 days to acknowledge it.  Following receipt of that acknowledgement, there is a 20 week wait until the Court makes a Conditional Order.

As soon as the Conditional Order has been made, a further period of six weeks and one day must elapse before an application can be made to the Court to finalise the divorce.

A divorce application can now be made online as well as by post and married couples are permitted to make a joint application, provided:

1. they both agree to the divorce, and
2. there is no risk of domestic violence.

The introduction of this ‘no fault’ divorce law is long overdue and has brought the need to assign blame to an end, leaving the parties more able to focus on the important issues, such as their children and resolving financial matters.

We at Astle Paterson welcome this easier divorce process but cannot overstate how important it is to obtain comprehensive legal advice before proceeding, because a divorce is legally binding.

Our divorce and family lawyers have a wealth of experience and are dedicated to achieving the best possible outcome for you.

Please contact us on 01283 531366 to arrange an initial fixed fee interview so that we can discuss any concerns that you have and explain the divorce process in more detail. Alternatively, you may wish to contact our Divorce and Family Law department by email enquiries@astlepaterson.co.uk.

Contact our Divorce specialists today

Contacting us about Initiating a Divorce

If you would like to contact us for advice on Initiating a Divorce and the processes involved, you can choose one of the following options:

• Book an appointment in Burton on Trent or call us on 01283 531366
• or Contact our Divorce & Family team online

Read more about: Cohabitation Agreements , Division of Divorce Finances , Getting Divorced with Children , Pre & Post-Nuptial Agreements