Overview of the Divorce Applications
Divorce is the legal process of ending a marriage in England and Wales. Although the application itself may be relatively straightforward, decisions about finances, property, children and future arrangements can make divorce more complex. Taking legal advice at an early stage can help you understand the process, identify issues that need to be addressed and avoid overlooking matters that may affect you after the marriage has ended.
At SWM Solicitors, we assist individuals with divorce applications and related family law matters, providing practical legal guidance throughout the process. Our approach is focused on understanding your circumstances and explaining the legal steps clearly, while helping you deal with any financial or family issues that arise alongside the divorce.
The divorce application process
A divorce application begins with an application to the court. Depending on the circumstances, this can be made jointly or by one spouse alone.
Once the application has been issued, the other spouse will normally be notified and given an opportunity to respond. The proceedings then progress through the required stages before the marriage can formally be brought to an end.
There is a minimum 20-week period between the start of divorce proceedings and the application for the conditional order. The conditional order confirms that the court sees no reason why the divorce cannot proceed at that stage. The marriage is not legally ended by the conditional order.
After the required period, an application can be made for the final order. The final order formally ends the marriage. Current court guidance confirms that the final order should be considered carefully alongside financial arrangements, particularly where there are pensions, property or other financial interests involved.
Divorce and financial arrangements
Applying for a divorce does not automatically divide your finances.
You may need to deal with the family home, other property, savings, investments, pensions, debts and maintenance. Depending on your circumstances, financial arrangements may be agreed between you or may require a financial order from the court.
Where an agreement has been reached, a consent order can be used to ask the court to make the agreement legally binding. Without an appropriate court order, an informal agreement may not provide the same level of legal certainty.
For this reason, divorce proceedings should not be considered separately from the wider financial consequences of ending a marriage.
Divorce and children
If you have children, arrangements for their care and financial support may need to be considered at the same time.
Parents may be able to agree where children will live, how time will be spent with each parent, arrangements for holidays and other practical matters. These issues are separate from the legal process of obtaining the divorce itself.
Where parents cannot agree, family law advice can help determine what steps may be appropriate. SWM Solicitors can assist with the wider family law issues that may arise alongside divorce, including children and financial matters.
Sole and joint divorce applications
The current system permits both sole and joint applications.
A joint application may be appropriate where both spouses are able to communicate and wish to progress the divorce together. A sole application may be more suitable where one spouse wishes to begin the process independently.
The choice of application does not determine how financial or children matters will be resolved. Those issues may require separate agreements or applications.
When legal advice can help
Even where both spouses agree that the marriage should end, there may be important issues that are not immediately apparent.
For example, you may need to consider whether the family home should be sold or transferred, whether pensions should form part of the settlement, whether maintenance is required, or whether a clean break should be sought.
There may also be circumstances where the divorce has implications for immigration status, inheritance arrangements, wills or other legal documents.
SWM Solicitors can review your circumstances and explain which matters should be dealt with as part of the divorce and which require separate legal steps. Where appropriate, we can also advise on negotiation and alternative dispute resolution before court proceedings become necessary.
How SWM Solicitors can assist
Our role is not simply to complete paperwork. We look at the wider legal position so that the divorce process is considered alongside the issues that may affect your future.
We can assist with preparing and progressing divorce applications, explaining the stages involved and advising on related financial and family matters. Where disputes arise, we can help you understand the available routes for resolving them and, where necessary, represent your interests in court proceedings.
Every divorce has different circumstances. The appropriate approach will depend on factors such as the length of the marriage, financial position, property ownership, pensions, children and the level of agreement between the spouses.
Obtaining advice early can help you understand those issues before important decisions are made.