Dealing with a divorce can be very difficult time, both from an emotional and financial standpoint. It can be very painful and upsetting, particularly if there are children involved. Although it can be extremely hard, you have to remember that at the end of the day, you want your life back, not stuck in court arguing, so be civil with your ex, and try to compromise.
How to Obtain a Divorce
Since April 2022, England and Wales have a no-fault divorce system under the Divorce, Dissolution and Separation Act 2020. You no longer need to prove one of the old grounds such as adultery or unreasonable behaviour. Instead, one or both spouses simply make a statement that the marriage has irretrievably broken down. You can apply online or by post, and must have been married for at least one year. The process has a minimum 20-week reflection period from the start of proceedings to the conditional order, followed by a further 6 weeks before the final order is granted.
Before making a court application about finances or children, you are generally required to attend a Mediation Information and Assessment Meeting (MIAM) to explore whether Mediation could help resolve matters without going to court.
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It is possible for you to deal with the divorce yourselves, without a solicitor and you will be able to obtain advice booklets from your local county court. You will, however, need to deal with Child Contact and financial arrangements (such as Paying Child Support) and the division of assets, which can be quite complex. A solicitor can deal with these issues if you wish. Either way, the divorce needs to be fair. It must not lead either party to become disadvantaged. The divorce itself needs to be recorded by the court.
Will You Have to Go to Court?
If you and your ex can agree on child contact arrangements, finances and the division of property amicably, then you may not need to go to court. But if you disagree or you ask the court to make an order for financial support, then you will need to attend a court hearing.
If you can agree on child arrangements for your children, you will not need to make an application to the court. If you do not agree, then either party can make an application for a child arrangements order. It is a good idea, if you can, to sit down with your wife and discuss how you wish to continue to parent your children. A parenting plan can help to ease the divorce process, where your children are concerned.
The Cost of Divorce
There is no hard and fast rule as to how much your divorce will cost. Generally, the more you argue about, the more it will cost. You may have to pay for the petition, the Final Order (the document which shows that you are divorced), and any applications regarding children or financial arrangements.
If you are struggling financially, it is worth finding out whether you are entitled to help with legal costs.
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