Divorce.
Getting divorced, or thinking about getting divorced, is often an emotional time in your life. Whether you’re thinking about taking the first step, or your mind’s made up, working with the Family Law team at Holden Smith will make all the difference.
What are the grounds for divorce?
There is one ground for divorce which is that the marriage has broken down irretrievably. Prior to April 2022, you had to give further reasons for the irretrievable breakdown and cite unreasonable behaviour, adultery, separation for a period of two or five years, or desertion. This has now been abolished, and the new process is often referred to as the ‘no fault’ divorce.
How does getting a divorce work?
Getting a divorce involves a court application, and the process takes a prescribed minimum period of six months. Despite this, divorces are rarely contested, and they are administered by the Courts through an online portal, so the process is usually relatively straight-forward.
Does getting divorced resolve financial ties?
The divorce itself does not resolve the financial ties between parties. A final order of divorce simply means that the parties are no longer married in the eyes of the law, so they are free to re-marry and are no longer each other’s next of kin. The Court will approve any financial settlement reached between the parties or make an order regarding the finances if an agreement cannot be reached from the conditional order stage of the divorce, which is pronounced six weeks before the final order of divorce can be applied for.
Take a look at this blog post for our advice on where to start when getting a divorce.