It’s natural to have lots of questions about the process, including what impact divorce will have on your home, possessions and finances. And if you have children, you’ll want to know how to make the right decisions for them too.
QualitySolicitors J A Hughes try to deal with divorces or dissolution of civil partnerships as amicably as possible. We do so by seeking to agree the contents of the Divorce Petition with your spouse or civil partner before any formal action is taken.
Divorce also covers a vast range of circumstances – from everything being completely agreed through to difficult court proceedings. Our divorce lawyers are experts and can help whatever your position. In April 2022, No Fault Divorce was introduced, meaning couples no longer need to allocate blame or a reason for the separation, you can simply make a declaration together saying that the relationship has broken down.
No Fault Divorce
Here we answer some of the more common frequently asked questions related to No Fault Divorce.
Can a couple jointly apply for a no fault divorce?
Yes. A couple can apply for a no fault divorce singly or jointly. Previously one spouse had to issue divorce proceedings against the other.
The new law doesn’t change that a solicitor can only act for one of you in any child or financial arrangements.
There might be the need to consider what would happen if one of you changes your mind due to a breakdown during discussions on child or financial arrangements.
How long does a no fault divorce take?
If everything therefore runs smoothly and there are no other issues, the minimum length of time to get a divorce now will be six months.
No Fault Divorce process
- A couple apply for a divorce individually or together. This means they can choose to make a statement together explaining their marriage has irretrievably broken down. They don't need to explain why.
- A period of 20 weeks will apply as a ‘cooling off period’
- After 20 weeks and the couple are still looking to proceed, a Conditional Order is granted by the court. At this point you can now file a financial consent order with the court following the Condition Order being granted and (if you are having one) the financial order sealed (agreed) you can apply for your final divorce order
- A 6-week period
- After the 6 weeks is over a Final Order is made by the court.
- The minimum length of time to get a No Fault Divorce will be 6 months.
Can you contest a no fault divorce?
No, you cannot contest a no fault divorce. The reason for contesting a divorce is the mistaken belief that admitting fault will affect access to children and the fair division of financial assets.
Although a no fault divorce cannot be contested, the terms of the divorce can. For example, financial arrangements and arrangements for children. In this case terms may be agreed through mediation or, failing that, through the court.
What happens about the parenting arrangements and finances?
You will need to reach an agreement on how the arrangements for parenting and how the assets and finances are agreed whilst living separately, as these are separate parts of your divorce and are not covered under the no fault divorce law.
If you are having difficulty on coming to an agreement between yourselves, mediation is the next reasonable step as it is a pre-requisite for going to court for a decision in most cases.
How much does a no fault divorce cost?
A no fault divorce may be less costly than the previous divorce process because it is less contentious. It is hoped that more amicable agreements can be reached more quickly so outcomes are less expensive.
Arrangements for children and matters relating to property and finances will still need to be agreed. The associated costs here will be the same as any type of divorce.
We offer a range of clearly priced divorce services, so you can choose what best suits your circumstances.
Divorce can be very stressful and we believe choosing and using a lawyer shouldn't add to that stress. We offer a range of clearly priced services, putting you in control – all provided by local, expert lawyers. Select the option below that best suits your circumstances or give us a call for some free advice.
|What do you get?
|If you’ve got questions or concerns about how the law applies to your situation or problem – this service can help you with one-to-one friendly advice and guidance.
|We do everything needed to obtain your divorce from start to finish, with on-going advice and support throughout provided in-person.
|The alternative to our fixed price services, simply pay for as much of our expert assistance as you require.
|Is it right for me?
|You want some advice but don’t want to actually instruct a lawyer to take on the case, at least not yet. Or you want some guidance on your position.
|You want a lawyer to manage the whole process and don’t expect disputes over children or finances. You would like face-to-face advice.
|You expect disputes over children or finances.
|What does the court charge?
|£593 * unless fee exempt
|£593 *unless fee exempt
|What do we charge?
|£100 plus VAT for 45 mins
|From £120 per hour