The mechanics of obtaining a divorce nowadays are straight forward . The difficulties tend to lie rather in resolving the related practical issues stemming from divorce such as how to separate, where to live, arrangements for the children and any money matters.
Your attention will probably be concentrated on those related issues and the process of actually obtaining the divorce may seem blurred.
Who can start divorce proceedings?
Anyone who has been married for over a year provided one or other of the couple is either domiciled here or has been resident in England or Wales during the preceding year. It does not matter where the couple were married.
On what grounds can a divorce petition be started?
Previously, one spouse was forced to make accusations about the other’s conduct, such as ‘unreasonable behaviour’ or adultery, or face years of separation before a divorce could be granted. This was regardless of whether a couple had made a mutual decision to separate.
The changes from 6 April 2022 mean that a spouse, or a couple jointly, can now apply for divorce by stating their marriage has broken down irretrievably. It removes unnecessary finger-pointing and acrimony at a time where emotions are already running high, and spares children from witnessing their parents mudslinging.
Importantly, it stops one partner from vindictively contesting a divorce and locking their spouse into an unhappy marriage. In some cases, domestic abusers can use their ability to challenge the process to further harm their victims or to trap them in the relationship. The reforms will put an end to this behaviour.
The Act also introduces a new minimum timeframe of 20 weeks between the start of proceedings and when individuals may apply for a conditional order of divorce. This will offer time to reflect, and potentially turn back, or where reconciliation is not possible to agree important arrangements for the future – such as those involving children, finance and property.
How much does it cost?
Charges are a fixed cost of £600 + vat + court fees of £593 total £1313