Dissolution of marriage, commonly known as divorce, is a legal process that ends a marriage. It involves the formal termination of the marital relationship and the resolution of various issues, such as the division of assets, child residency and financial support. In this blog, we will explore the process of dissolution of marriage in England and Wales, including grounds for divorce, the legal process and the implications for the parties involved.
- Grounds for Divorce:
In the UK, there is only one ground for divorce: the irretrievable breakdown of the marriage. Before 6th April 2022 this ground must be proven by establishing one of the following five facts:
Adultery: If one spouse has committed adultery and the other spouse finds it intolerable to continue living together, they can petition for divorce.
Unreasonable Behaviour: If one spouse has behaved in such a way that the other spouse cannot reasonably be expected to live with them, a divorce can be sought.
Desertion: If one spouse has deserted the other for a continuous period of at least two years, the deserted spouse can apply for divorce.
Two Years’ Separation with Consent: If both spouses have lived apart for a continuous period of at least two years and both parties consent to the divorce, a divorce can be granted.
Five Years’ Separation: If both spouses have lived apart for a continuous period of at least five years, a divorce can be obtained without the consent of the other spouse.
However the The Divorce, Dissolution and Separation Act (2020) changed the law so that in essence, divorce in now “no-fault” based and the facts from the previous regime are no longer necessary.
- Legal Process of Divorce:
The legal process of divorce involves several steps:
Filing a Divorce Petition: The spouse seeking divorce (the petitioner) must file a divorce petition with the Family Court. The petition outlines the grounds for divorce and any claims regarding children, finances or property.
Acknowledgment of Service: The court serves the divorce petition to the other spouse (the respondent), who must complete an acknowledgment of service form to confirm receipt.
Conditional Order (formerly the decree nisi): If the court is satisfied with the grounds for divorce, it will issue a conditional order. This is a provisional decree of divorce, indicating that the court sees no reason why the divorce cannot proceed.
Final Order (formerly known as the Decree Absolute): After a waiting period of at least six weeks from the conditional order, the petitioner can apply for the a Final Order. This is the final decree of divorce, officially ending the marriage.
- Financial Settlement:
During the divorce process, the court will consider the financial settlement between the parties. This involves the division of assets, such as property, savings, and pensions, as well as determining spousal maintenance and child support. The court aims to achieve a fair and equitable distribution of assets based on the parties’ needs and contributions.
- Child Custody and Support:
Child custody and support are important considerations in divorce cases involving children. The court prioritises the best interests of the child when making decisions regarding child custody (now known as child arrangement orders) and child support. Both parents are expected to contribute financially to the upbringing of their children, and arrangements for contact and residence are made to ensure the child’s well-being.
- Implications of Divorce:
Divorce has various implications for the parties involved, including emotional, financial and practical consequences. It is important to seek legal advice and support during this challenging time to navigate the process and protect your rights and interests.
Dissolution of marriage, or divorce, is a legal process that ends a marriage in the UK. There is now no need to show grounds for divorce which were previously based on the irretrievable breakdown of the marriage, which must be proven through specific facts. The legal process involves filing a divorce petition, obtaining a conditional order, and ultimately obtaining a final order. Financial settlements and child custody arrangements are important considerations during divorce proceedings. It is crucial to seek legal advice and support to ensure a fair and equitable resolution and to navigate the emotional and practical implications of divorce.
Alexander JLO are one of the country’s leading divorce specialists. With decades of experience we are best placed to assist you in any aspect of your divorce, be in instigating the process, the financial implications or matters relating to children.
Why not give us a call on 020 7537 7000 or email peter@london-law.co.uk for a free, no obligation quotation and see what we can do for you?
This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 22nd February 2024 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. His profile on the independent Review Solicitor website can be found Here