DIVORCE OR DISSOLUTION

Divorce or dissolution formally brings a marriage or civil partnership to an end, leaving both partners free to re-marry or enter into another civil partnership if they wish. To obtain a divorce or dissolution the court must be satisfied that the relationship has broken down irretrievably.

You can get divorced in England and Wales, if you have been married or in a civil partnership for at least a year before divorce or dissolution proceedings can be started, if your relationship has permanently broken down and your marriage is legally recognised in the UK.

The amendment to the procedure to allow for ‘no fault’ divorce was passed in June 2020 and came into force on the 6th April 2022. Under the new legislation, couples can divorce without having to blame one another and allowing one spouse or the couple jointly to make the mutual decision that the marriage has broken down. The Act also modernises the legal terms used in a divorce, such as the decree nisi, will now be called a ‘conditional order’ and the decree absolute will be called the ‘final order’. There will also be a minimum of 20 weeks between application and divorce becoming final.

You will have to pay a fee of £593 to the courts. If you claim benefits or on a low income you may be able to get help paying the court fee. You can either apply online or with a paper form. Once a decision has been made you may be asked to pay for some or all of your fees.

Divorce, dissolution, and separation involve emotional and practical issues as well as legal issues. The lives of the whole family are affected by the outcome, so the way in which a financial settlement is reached can be almost as important as the settlement itself. This is another reason why parties should consider consulting an experienced solicitor or mediator.

Only the individuals concerned can solve the problems that a relationship breakdown can bring. A good solicitor or mediator, who adopts a constructive and conciliatory approach, can help to reduce a lot of the distress associated with the end of a marriage or civil partnership.

It is possible for couples to enter into a pre-nuptial agreement outlining what they would expect to happen or be entitled to in the event of their relationship breaking down. Pre-nuptial or cohabitation agreements are not binding in English Law currently, but can be considered by the court if there is a dispute when the relationship breaks down as it records the parties intentions at the outset. There are many misconceptions about couples “rights” if they live together but are not married and it is important to get legal advice. This can be very important when couples purchase property together but do not marry.