The actual divorce or dissolution
For married couples the process is known as “divorce” and for same-sex couples in a Civil Partnership it is called a “dissolution”. The person starting the process is called the “petitioner” and the other person the “respondent”. The process is started by your lawyer writing to your partner explaining you are seeking a divorce or dissolution giving your reason known as “grounds”:
This can be one of the following:
- Your husband or wife has committed adultery (not available for Civil Partnerships)
- Your husband or wife or Civil Partner’s behaviour is such that you cannot reasonably be expected to live with them
- Your husband or wife or Civil Partner left you at least two years ago without good reason
- You have been separated from your husband or wife or Civil Partner for two years and they agree to the divorce /dissolution; or
- You have been separated from your husband or wife or Civil Partner for five years or more
There are then the following stages:
Petition
A formal document setting out the ‘Grounds’ and other details including details of your plans for any children.
Reply
The ‘respondent’ will rely to the petition setting out whether they agree or not to the divorce/dissolution and the Grounds.
Conditional Order
A judge will look over the paperwork and, if happy with everything, grant a conditional order. With a divorce this is still known as a “decree nisi”. This is the court saying that the divorce or dissolution can go ahead but isn’t finalised yet. If the respondent does not agree to the divorce/dissolution then a hearing may be needed at court for a judge to determine the final outcome.
Final Order
This can’t happen until at least six weeks after the conditional order. The final order means that you are legally separated. With divorcing couples it is still called a “decree absolute”. Often the final order is delayed until any financial arrangements are finalised.
Financial arrangements
The actual divorce or dissolution process can often be relatively straightforward, in a legal sense. What is often much more difficult is dividing the assets and sorting out who will live where and who will get what. This sorting out of finances is called “application for a financial order” although some lawyers will still use the old term “ancillary relief”. This is a complicated area of law where you will really benefit from your expert representation.
The basic stages for Divorce or Dissolution are:
Mediation
The court will want to see that the parties have attempted to resolve the issues before starting legal proceedings. We can assist and advise on the mediation stage.
Application
This is made on what is called “Form A” and explains that you want the court to decide upon financial arrangements.
Form E
At least 35 days before the first hearing in court both parties must complete a document which provides full details of their financial circumstances, called a “Form E”. You will also need, with your solicitor, at least 2 weeks before the hearing to decide what questions to ask of the other side after having seen their form E. This is where your lawyer’s skill and experience is invaluable, especially if you believe the other side have not provided full and open details of everything.
First Directions Appointment
This is often known as an ‘FDA’. It is a hearing where the court will try and work out what the real issues are that the court will have to decide and will also determine what questions each party should be allowed to ask the other. The judge will also decide what other evidence is necessary, such as valuations of properties, businesses etc.
Finance Dispute Resolution
This hearing, often abbreviated to ‘FDR’ is a hearing at which the judge will try and help you and the other side reach an agreement. It will be a negotiation rather than a ‘trial’. The particular judge will not have any further involvement after this hearing so they will play an active role in the discussions.
Final Hearing
If the parties can’t reach an agreement at the FDR then a final hearing will take place for the parties to put their positions and evidence before a judge who will determine what final orders should be made.
What can the judge decide?
There are a wide range of orders a judge can make. They can order that one off sums be paid from one party to another, they can require regular payments to be made, they can make orders about ownership or possession of houses and other assets and they can make orders about who should have the benefit of pension.
What about couples who had just lived together?
For couples who were never married or in a Civil Partnership the law is completely different. You may be referred to as co-habitees or cohabitants and will have fewer legal remedies available when you separate. In particular, the legal position concerning property is complex. Evidence as to who paid or contributed what can be very important. This is an area where specialist legal advice can prove essential.
What am I entitled to?
That really depends on your particular circumstances – each case is very different. Visit your nearest QualitySolicitors and we will be able to advise you about your particular position.
What about our child/children?
The situation of any children will be a very important consideration for the court in deciding what order to make. This applies both to the financial proceedings (divorce and dissolution) as well as resolving property matters with couples who have just lived together and had children. Again, expert advice is recommended.
