Our Blogs

We believe we've created the quickest, simplest & best quality divorce solution available

How Do I Ask for Divorce: A Guide by Quickie Divorce

Introduction:

Divorce can be an overwhelming and emotional journey for anyone. If you find yourself contemplating divorce and wondering how to approach this difficult topic, you're not alone. At Quickie Divorce, we understand the complexities of ending a marriage and aim to provide guidance and support to those seeking a smooth and hassle-free divorce process. In this blog, we will walk you through the steps to ask for divorce while also providing essential information about our services. Remember, you don't have to go through this challenging time alone – Quickie Divorce is here to help.

1. Self-Reflection and Decision-Making:

Before asking for a divorce, take the time for self-reflection and consider if it's the right step for you. Reflect on the reasons why you want to end your marriage and evaluate if all possibilities for reconciliation have been exhausted. Ensure that divorce is the best option for your well-being and happiness.

2. Open Communication:

Once you've made the difficult decision to seek a divorce, open communication is essential. Choose a calm and private setting to talk with your spouse about your feelings and intentions. Approach the conversation with honesty and sensitivity, allowing both of you to express your emotions without judgment. Remember, this is a challenging time for both parties, so empathy and compassion can make a significant difference.

3. Seek Professional Support:

Navigating a divorce can be legally complex and having a reliable source of professional support is crucial. Quickie Divorce offers expert legal assistance and advice to help you understand the legal process, rights, and responsibilities. Our experienced team of divorce specialists will guide you through every step of the way, making the process as smooth as possible.

4. Streamlining the Legal Process:

Quickie Divorce offers an efficient and cost-effective way to handle uncontested divorces. Rather than hiring separate solicitors, which can be time-consuming and expensive, our service allows both parties to use the same solicitors, simplifying the process. This streamlined approach reduces paperwork, time, and stress, ensuring a swift and amicable resolution.

Contact Quickie Divorce:

At Quickie Divorce, we strive to make your divorce journey as smooth as possible. If you're considering a divorce and need expert guidance or have any questions about our services, please don't hesitate to contact us.

Phone: 0800 803 0813

Website: https://www.quickie-divorce.com/

Conclusion:

Asking for a divorce is undoubtedly a difficult decision, but with the right support, you can navigate the process with confidence and ease. Quickie Divorce is here to provide the expert assistance you need, whether it's through mediation services or streamlined legal processes. Remember, you're not alone in this journey – reach out to us at Quickie Divorce and let us help you begin a new chapter in your life.

The Financial Implications of Divorce

Divorce is a difficult process for any couple, emotionally and financially. It can be a long and complicated period with many factors to consider. One of the most important is how finances are divided. When couples get divorced, they must decide how to divide their joint assets, debts, and investments in order to ensure that both parties receive a fair settlement. In this blog post, we will explore some of the financial implications of divorce so that you can make informed decisions when dividing your finances in a divorce.

Division of Assets & Debts

When it comes to dividing assets and debts in a divorce, the court will usually take into consideration the length of marriage, each partner's income level, and other factors such as whether there were any prenuptial agreements in place. The starting point is to divide assets and debts equally between the two parties, then taking into consideration several factors governed by the leading legislation for divorce, the matrimonial causes act 1973 section 25. As an example, if one spouse has racked up credit card debt during the marriage then they may have to retain that debt even after the divorce is finalised, instead of the debt being shared between both parties. However, if the debt that has occurred with co-signatures of both parties, such as house mortgages and car loans then both parties could be responsible for repaying said debt after the divorce. It is imperative that you receive good support and guidance throughout the divorce to ensure your best interests.

Spousal Maintenance

Another important factor to consider when getting divorced is spousal maintenance payments. This is money paid from one spouse to another for maintenance or support following a divorce or separation. Spousal maintenance is paid by one spouse to another before the final dissolution of the marriage.           

In most cases, spousal maintenance is paid until either party remarries or until certain conditions have been met such as reaching an agreed upon amount or date. Spousal maintenance can be ordered by the court, but they are not always necessary. It’s possible for couples to come up with their own agreement regarding maintenance outside of court proceedings. Again, having the support and guidance of experts in this field can seriously help aid you during your divorce and to ensure all agreements reached are legally binding. Call us on 0800 803 0813 to discuss your situation further.

Conclusion

Divorce has many financial implications that should be considered when filing any financial application. Understanding how assets and debts are divided, spousal maintenance can help make navigating through the complex process easier. By doing your research beforehand, you can ensure that you receive an equitable settlement which will benefit both parties involved. Ultimately, having these details settled upfront can help provide peace of mind throughout this stressful period in your life. At Quickie Divorce will ensure any agreement reached is fully legally binding while providing full support throughout via our Clean Break Financial Order package.

How to Have a Heartfelt Conversation with Your Partner about Separating Amicably

Breaking up with someone in an amicable way is not exactly a simple feat, especially when you've been in a committed relationship for a long time. You might have tried everything to make things work, but things just aren't clicking. It's time to have a serious discussion about splitting up and perhaps moving on. This conversation can be challenging, painful and intense especially when you are the one who initiates it. However, it doesn't have to be that way. In this blog post, we'll discuss how you can talk to your partner about separating amicably and navigating the complex process of breaking up in a way that is kind, empathetic, and respectful.

1. Choose the right time and place

When you decide to talk to your partner about amicable separation, choose a neutral setting where you can have an honest conversation without any distractions. Avoid places where your partner might feel trapped, like their home or public places like restaurants or cafes. Choose a time when both of you can talk calmly and peacefully, avoiding times when one or both of you are stressed, tired or angry.

2. Be Honest but tactful

When you start talking to your partner about separating, it's essential to be honest about your feelings, reasons behind the separation and what you both can expect going forward. Avoid being accusatory or blaming your partner for the reasons for the split. Rather, focus on how you genuinely feel about the relationship and why you think it's time to call it quits. Be gentle, empathetic but firm in your decision, and try to maintain a respectful tone throughout the conversation.

 

3. Listen Attentively

An amicable separation requires mutual understanding and open-mindedness. Therefore, you need to listen to your partner's response carefully and respectfully, ensuring that you hear them out. Avoid interrupting or talking over them. Rather, give them a chance to vocalise their feelings, concerns and any questions they may have. This communication ensures that both of you are on the same page and can work towards a shared outcome.

4. Discuss future arrangements

Once you've come to an agreement to split amicably, you need to discuss practical matters about the future like living arrangements, finances, and even how you'll break the news to family and friends. Brainstorm together and reach a shared agreement that is practical and genuine for both of you.

5. Get Professional Assistance

Taking care of yourself and seeking assistance from professionals like a therapist, a mediator or a legal representative can make the process of an amicable split smoother and easier. These individuals can offer valuable insight, advice and a listening ear to help you navigate the legal, financial, emotional and mental aspects involved in a breakup.

Conclusion:

Ending a relationship can be a difficult thing to do, but by taking the time to plan and execute an amicable separation, you and your partner can part ways with respect and dignity. By following the steps provided in this post, you can have heartfelt conversations about separation, take care of yourself and seek help if necessary. Ultimately, it is essential to ensure that both of you aren't carrying the burden of a toxic relationship, leading to poor emotional and physical health. Choosing to end things amicably could be the best decision you make, setting you both on a path to healing and recovery.

Quickie Divorce can facilitate an amicable divorce by streamlining the legal process, providing clear guidance, and minimizing conflicts, enabling both parties to part ways with mutual understanding and reduced emotional strain. Contact us today at 0800 803 0813 so both of you can move forward to a happier future.

Navigating Divorce with Mental Health: How Quickie Divorce Offers a Simple and Affordable Solution to Minimise Stress

Divorce is an emotionally challenging process for anyone involved, but when mental health concerns are also a factor, it can add an additional layer of complexity. Making the decision to divorce someone with mental health issues is never easy, but sometimes it becomes necessary for the well-being and happiness of both individuals. At Quickie Divorce, we understand the unique challenges that arise when mental health is involved, and we strive to provide a quick, straightforward, and affordable solution to help minimise stress throughout the divorce process.

Understanding the Impact of Mental Health on Divorce:

Divorcing someone with mental health issues requires a sensitive approach. Mental health conditions can significantly affect a person's emotional stability, decision-making abilities, and overall well-being. At Quickie Divorce, we recognise the importance of approaching the divorce process with empathy and understanding, acknowledging the complexities that mental health concerns bring to the situation.

The Importance of Seeking Support:

Before starting the divorce journey, it is crucial for individuals to build a support system. We encourage our clients to reach out to friends, family, or a therapist who can provide emotional support and guidance throughout the process. Additionally, we recommend consulting with a legal professional experienced in divorce cases involving mental health concerns. They can help navigate the legal complexities and provide valuable advice tailored to each individual's specific situation.

Simplifying the Process with Quickie Divorce:

Quickie Divorce is a service designed to simplify the divorce process, making it quicker and more accessible for couples looking to dissolve their marriage. By choosing our service, couples can minimise stress and streamline the legal proceedings. Let's explore the key benefits of Quickie Divorce:

Speedy Process:

At Quickie Divorce, we offer an efficient process that saves time compared to traditional divorce methods. By using our streamlined systems, couples can finalise their divorce in a shorter time frame, reducing prolonged emotional strain.

Affordability:

We understand that divorce can be financially burdensome. To alleviate this stress, Quickie Divorce provides fixed-price packages, allowing couples to better plan their finances and avoid unexpected expenses.

Simplified Paperwork:

Our dedicated team at Quickie Divorce assists couples in completing the necessary paperwork and guides them through the legal requirements. We understand that legal terminology can be overwhelming, so we strive to simplify the process, ensuring accuracy and minimising errors that could cause delays.

Prioritising Self-Care:

Divorcing someone with mental health concerns can take a toll on your own well-being. During this challenging period, it's crucial to prioritise self-care. At Quickie Divorce, we encourage our clients to take time for themselves, engage in activities that bring them joy, and seek professional support if needed. Remember that your mental and emotional well-being are equally important throughout the divorce process.

Co-Parenting and Mental Health:

If children are involved in the divorce, co-parenting with someone who has mental health concerns requires careful consideration. Quickie Divorce emphasises the importance of establishing open lines of communication, setting clear boundaries, and working towards a parenting plan that prioritises the children's best interests. Seeking the guidance of a family therapist or mediator can help navigate the complexities and ensure a healthy co-parenting dynamic.

Conclusion:

Divorcing someone with mental health concerns can be a challenging and emotionally taxing process. At Quickie Divorce, we are here to support you through this journey by offering a simplified, affordable, and efficient solution that minimises stress. Contact us today at 0800 0584467.

Understanding Court Fee Exemption for Divorce in the UK

Going through a divorce can be emotionally challenging, and the added burden of court fees can make the process even more daunting. However, in the UK, there is a solution to alleviate this financial strain: Court Fee Exemption for Divorce. In this blog post, we will explore what court fee exemption entails, who is eligible, how to navigate the process, and the role of Quickie Divorce in providing support. 

1. What is Court Fee Exemption for Divorce? 

Court Fee Exemption for Divorce is a provision that allows individuals with limited financial resources to apply for exemption from paying court fees associated with their divorce proceedings. It ensures that everyone, regardless of their financial situation, can access the legal support they need during this challenging time. 

2. Eligibility for Court Fee Exemption: 

To be eligible for court fee exemption, you must meet specific income criteria or be receiving certain government benefits. These criteria are designed to assist individuals who genuinely require financial relief to pursue their divorce case. 

3. Navigating the Application Process

Applying for court fee exemption in a divorce case involves completing the necessary forms and providing supporting documentation to demonstrate your financial circumstances. The court will review your application and make a decision based on the information provided. It's important to ensure accuracy and completeness in your application to maximize your chances of a successful exemption. 

4. The Role of Quickie Divorce: 

Quickie Divorce is here to support you throughout the court fee exemption process and your divorce journey. With our expertise in divorce cases, we can provide valuable guidance and assistance in completing the necessary forms, gathering supporting documents, and reviewing your application. Quickie Divorce understands the unique challenges individuals face during divorce, especially when combined with financial constraints. 

5. Benefits of Court Fee Exemption: 

Obtaining a court fee exemption for your divorce case can offer several significant benefits. It relieves you from the financial burden of court fees, allowing you to focus on the divorce proceedings without added stress. Accessing justice becomes more attainable, ensuring that you have the resources necessary to navigate the legal aspects of your divorce. 

Conclusion: 

Court Fee Exemption for Divorce in the UK is a vital provision that ensures access to justice for individuals facing financial constraints during divorce proceedings. By understanding the eligibility criteria, navigating the application process, and seeking support from Quickie Divorce, you can alleviate the financial burden and focus on your divorce with peace of mind. Remember, access to justice should never be compromised by financial barriers, and court fee exemption, along with the support of Quickie Divorce, is here to help you during this challenging time. 

Call us today on: 0800 0584467 

What is No-Fault Divorce & What Does It Mean?

No-fault divorce will be introduced into law on 6th April 2022. The key focus of the law change is to remove the fault or blame in divorce.

Under current divorce law, one party must divorce the other party citing a ground for divorce such as adultery or unreasonable behaviour. If neither of these grounds are applicable, a separation period of two-year separation is required with the consent of the other party or five-year separation without the consent of the other party.

Furthermore, under current divorce law the Respondent can object and defend the divorce proceedings, resulting in many people being left trapped in a marriage or spending thousands fighting to leave the marriage.

The aim of the Divorce, Dissolution and Separation Act 2020 is to reform the divorce process to reduce potential conflict and animosity. This is done by removing the ability to make allegations about the conduct and behaviour of the respondent and requiring parties be trapped in the marriage for long periods of separation.

Here are a few key points from the new Divorce, Dissolution and Separation Act 2020 coming into law on 6th April 2022:

Minimum Cooling Off Period

Currently, a simplistic divorce can be done in a period of 3 – 5 months. Under new reform the divorce will now require a minimum waiting period of 20 weeks between the divorce application and the conditional order. This is followed by a further waiting period of 6 weeks between the conditional order and final order, meaning every divorce will now take a minimum of 6 months. This time frame is intended to provide divorcing parties with a period of reflection and to plan for the future.

No Allegations of Fault

The ability to file for divorce on adultery, unreasonable behaviour or long periods of separation-based grounds will be replaced with one simple requirement. All that is required is for one party to provide a short statement confirming the marriage has broken down irretrievably.

End of the Contested Divorce

It will no longer be possible to contest a divorce, except on the limited ground of stating the Court in England and Wales do not have jurisdiction. The statement provided at the divorce application stating the marriage has broken down irretrievably will be taken as conclusive evidence that cannot be contested.

Joint Divorce Applications

As well as separate divorce applications, couples looking to get divorced amicably without one party divorcing the other can apply together through a joint divorce application. This removes

the need for back and forth between the parties and disagreements as to who should divorce who which allows couples to move forward on a technical equal playing field.

What to do if your spouse ignores your divorce papers

The vast majority of divorces filed in England and Wales are uncontested. This, it is widely believed, means that everyone involved in the divorce agrees and wants their marriage to legally end. Whilst this is partly true, a divorce can actually be uncontested by the Respondent whilst simultaneously also effectively being blocked by them.

As part of the divorce process, the Respondent informs the court that they consent to the divorce by completing and returning a D10 form (also known as an Acknowledgement of Service) to them. This form is sent to the Respondent along with a copy of the documentation that was filed by their spouse following a divorce having started and contains a section where the Respondent is afforded the opportunity to either consent to or contest it. Should they actively choose to contest the divorce, they will need to pay a fee to the court. Furthermore, doing so almost always results in a court hearing which brings inconvenience and stress. It is therefore rare that Respondent’s actively contest divorces. Instead, they simply do not return this form – but it’s important to note that this doesn’t always mean that the divorce will be unable to proceed.

Can you get a divorce if the Respondent doesn’t return the D10 form?

In the event that the Respondent attempts to block a divorce by refusing to complete and return the D10 form, it is still possible to obtain a divorce unless the application relied on either adultery or two-year separation with consent.

In order to obtain a divorce as a result of the Respondent having committed adultery, it is necessary for the Respondent to confirm that they did engage in infidelity. In the case of two-year separation, the Respondent’s consent is an unavoidable requirement. This means that, in order for a divorce relying on either ground to progress, the Respondent must complete and return the aforementioned form D10. If they do not, then it is virtually impossible for the Petitioner to prove that the Respondent was unfaithful. Plus, of course, consent will clearly not have been provided if this form is not completed and returned to the court.

If the application cited unreasonable behaviour or five-year separation, it can still proceed though it may be necessary to pay a further fee for a process server to hand-deliver the documents to the Respondent. Doing so will mean that the Petitioner is able to prove that the Respondent has received the documents and is refusing to return them, and the courts will allow the divorce to proceed as a result.

When filing on the grounds of five-year separation, consent is not required but it is preferable that the Respondent be made aware of the application. It’s possible to get divorced without the Respondent knowing, but only if the Petitioner has been unable to locate them after an extensive search or if there’s a compelling reason not to inform them of proceedings.

With unreasonable behaviour, the Respondent refusing to complete and return documents would, in itself, be seen as sufficient proof of the fact that the party is capable of behaving in a manner that they are likely to know is unreasonable.

Guide on dividing pensions in divorce published

We’ve written about how one of the most difficult parts of a divorce is the need for a couple to divide their assets. Agreeing on how property, savings etc. should be split is – due to the inevitably emotive nature of such problems – highly problematic. Dividing private and state pensions, though, is even more testing; discussing these assets can not only provoke an emotional response but, due to a lack of clear guidelines, also confusion.

Couples looking to do their own divorce aren’t the only ones that find it difficult to decide how pensions should be fairly divided. Legal professionals – including judges – have also struggled due to a lack of clear guidelines on how these assets should be treated throughout divorce. In the hope of addressing this the Pension Advisory Group was formed. More importantly, this group recently published a guide on how to deal with pensions in a divorce for judges, solicitors, pension experts and, indeed, divorcing couples themselves.

With pensions usually being the second-most valuable asset that is divided in a divorce (second only to property), and it having been reported that the law concerning the way they are to be divided in the event of a divorce is unclear, it is hoped that these guidelines will result in more consistent outcomes. Both the full guide and a summary can be found here.

How to finalise any agreement on pensions before a divorce is finalised

For couples that are able to agree on how they intend to divide their pensions, they can make this agreement – and any concerning other assets such as properties, savings etc. – legally binding and enforceable by obtaining a document known as a Consent Order and filing this with the court for approval after a Decree Nisi has been granted but before applying for the Decree Absolute.

A Consent Order will need to outline all of the major assets that a couple possess (which will be disclosed within a separate document accompanying the application) as well as how they are to be divided and when exchanges etc. are to have been fulfilled. Once this agreement has been reviewed and approved by a judge, the agreements outlined within the document become both legally binding and, perhaps more importantly, enforceable.

Quickie Divorce strongly recommend that any couple that is able to reach an agreement without needing to ask the courts to issue rulings obtain a Consent Order and that they do so before finalising their divorce by applying for their Decree Absolute. Doing so will prevent any future claims being filed by either spouse, will make the agreements enforceable and, vitally, will provide both parties with peace of mind.

Unlike the standard documents that are used in the divorce process, a Consent Order cannot be completed by a layperson. Fortunately, this doesn’t mean that you’ll need to instruct a solicitor and accept the large bill that’ll inevitably follow. Instead, you can use an online divorce provider like Quickie Divorce. We’ll take care of your divorce and prepare a Consent Order on your behalf for what would typically only buy you an hour of a solicitor’s time.

When is a couple legally separated?

Whilst there are numerous reasons why a couple can be denied a divorce, they are nearly always identified following the process having commenced. There are few circumstances under which the courts in England and Wales will refuse to consider a divorce application altogether.

The courts will, for example, refuse to consider an application if they do not have jurisdiction, if the Divorce Petition contains an obvious error such as incorrectly requesting that the courts grant a dissolution rather than a divorce, or if the couple in question have not separated.

The final example is problematic as, sadly, there is little to no literature available that lets people know the circumstances under which a couple are considered to be living apart. It may be obvious that two people are no longer a couple when they no longer share a home, of course, but this doesn’t mean that it’s the only circumstance under which a couple are legally separated.

Why a couple can share a property but still be separated

Property is becoming more and more expensive and, as a result, purchasing a new home – even finding one to rent – can be extremely difficult with just one salary. More and more separated couples find themselves having to remain and co-exist within the matrimonial home. It would, we’re sure you’ll agree, be tremendously unfair to prevent people who find themselves in such a situation from filing for a divorce. Fortunately, the law recognises this.

How you can divorce whilst living in the same house

If a married couple have found themselves needing to share a home following them having separated, this will not prevent them from getting the divorce process underway provided they are living separate lives. In order to identify which of the five reasons for divorce they can utilise, they’ll also need to determine when they began living separately.

That said, couples can argue and not communicate for days or even weeks. Would they, legally speaking, be seen as living separate lives? What about two people who’ve spent a large amount of time apart because one person regularly stayed out all night? Fortunately, the circumstances under which a couple are deemed to be living separate lives whilst living in the same property are straightforward.

Firstly, the couple cannot share a bedroom at any time. They must sleep in separate rooms before they can state that they are living separate lives. Beyond this, a multitude of examples can be used such as eating separately, avoiding each other, splitting household bills equally, doing your own household tasks such as cooking and cleaning – the potential reasons that could be provided are endless. The couple, as stated previously, however, cannot share a bedroom.

How to identity when you began living separate lives

Working out the exact date on which various arrangements began may seem like it’ll be tricky, but it isn’t provided the parties are still on speaking terms. Not because recalling a precise date is easy, but because the parties will only need to agree an approximate one. Provided both parties can agree this date, the courts will deem it to be both true and accurate.

You should not knowingly misinform the courts, of course, as doing so may result in a criminal charge. That said, it’s ok to provide an approximate date provided it’s reasonably close to the actual date on which you both did begin living separate lives. If you know such arrangements commenced in June 2013, for example, then it’s perfectly acceptable to state that you began living separate lives on the 1st June 2013.

Will this affect the divorce process?

No, there’ll be no additional forms to complete and the standard divorce process will need to be followed. You will need to state how you and your spouse have lived separate lives whilst sharing a property during the second stage of your divorce, but this information will be included in the same forms that would be used at this stage anyway.

How to select your reasons and file for divorce

We know that all divorces filed in England and Wales will eventually – following legislation concerning no-fault divorce having passed – rely solely on the fact that a marriage has broken down.  Until then, though, every divorce filed must cite one of five reasons:

  • Adultery
  • Desertion
  • Unreasonable Behaviour
  • Two-Year Separation with Consent; or
  • Five-Year Separation

In order for any of these ‘grounds’ to be used successfully, the Divorce Petition will need to contain specific pieces of information.

Each ground for divorce explained

Adultery

When a divorce petition cites adultery, it must state when the Petitioner (the spouse that initiates the divorce) found out that the Respondent (the spouse that didn’t file for divorce) committed adultery and how (e.g. the Respondent confessed to it, they found messages on the Respondent’s phone etc.).

The date on which they then separated (you can find out when a married couple are legally viewed as separated here) will also need to be included. Importantly, this will need to have been within six months of the adultery having been discovered. If the couple did not separate within six months, then it is presumed that the adultery was forgiven and will not be viewed as an acceptable reason for the divorce to proceed.

It’s also important to add that whilst a spouse can technically commit adultery whilst they and their husband/wife are living separately, this is not an acceptable ground for divorce. When cited, adultery must be the reason a couple separated and any act of adultery that took place whilst a couple where living separate lives is therefore not a valid ground for divorce.

Desertion

In order to successfully obtain a divorce relying on desertion, one spouse will need to have left the other with the intention of never returning. This must also have taken place at least two years before the Petitioner formally requests a divorce.

Because proving the Respondent departed with no intention of returning is highly problematic, this ground is rarely used.

Unreasonable Behaviour

A divorce petition that relies on unreasonable behaviour must feature at least four examples of the Respondent’s behaviour that the Petitioner found to be upsetting, hurtful etc. Each of these must include information concerning the frequency of the behaviour (e.g. ongoing throughout the last two years of the marriage) or an approximate date if the example cited is a one-off occurrence rather than prolonged behaviour. The Petitioner should also state how the Respondent’s behaviour affected them in each case.

An approximate date of separation will also need to be provided and any examples of unreasonable behaviour used must not have taken place outside of the six-month period that preceded the date of separation.

You can find common examples of unreasonable behaviour that a divorce court will find acceptable here.

Two-Year Separation with Consent

As the name suggests, for a divorce application relying on this ground to succeed, the couple in question must have been living separately for at least two years and also agree to the divorce.

Divorce petitions relying on the ground of two-year separation with consent will need to state the date on which the couple in question began living separate lives but no further details are needed.

Five-Year Separation

As with two-year separation, the only information required here will be the date on which the couple began living separate lives.

Unlike two-year separation, however, a divorce reliant on this ground can be obtained with the Respondent’s consent – though the process will be made more complicated and expensive.

How to choose the right divorce ground

When choosing which ground to cite, two things should be considered: circumstances and the Respondent.

If the parties have not been living apart for at least two years, then they will be unable to use either of the grounds that rely on minimum periods of separation. Additionally, if neither spouse committed adultery, they will need to rely on unreasonable behaviour. So, the first thing to note is that the grounds selected must be an accurate reflection of the couple’s circumstances, lest the Petitioner could find themselves facing a charge of perjury. Equally important, though, is the need to ensure that the fine details are agreed by both parties.

Things like the date of separation, how the adultery was discovered and when, specific examples of unreasonable behaviour etc. should all ideally be agreed by both spouses before the divorce is filed. The process is significantly more straightforward when these issues have been agreed beforehand and we’d always recommend that spouses make the effort to discuss the grounds they can use and iron out the finer details before preparing their divorce petition. Doing so will prevent the Respondent from receiving a nasty shock and, as this is so often the cause of prolonged proceedings, will go a long way towards ensuring the divorce process runs smoothly.

If an agreement cannot be reached, it’s still possible to obtain a divorce provided the grounds of unreasonable behaviour or five-year separation are used, though it may be necessary to use a solicitor under such circumstances.

What to do before filing for a divorce

Once the grounds for divorce have been chosen and the supplementary information that will need to accompany them have been agreed, it’s almost time to start the divorce process. There are, however, two things we’d advise everyone do first:

Find the marriage certificate

When applying for a divorce, a completed divorce petition needs to be submitted to court (or Divorce Centres as they’re now known) along with the original or a certified copy of the marriage certificate.

Unsurprisingly, these documents are regularly misplaced and, whilst this often sends those looking to apply for a divorce into a panic, replacing a marriage certificate with a certified copy is generally a straightforward task. Obtaining a certified copy can be more problematic if the marriage was held overseas but it is not an insurmountable task. Anyone that finds themselves in such a situation should contact their wedding planner, the venue that held their wedding or, failing that, the territory’s British embassy.

Check if you can save on the court fees

Sadly, when an application for divorce is submitted, a fee needs to be paid to the court. The standard charge is £550 but a surprisingly large number of people are not aware of the fact that they can probably have this fee reduced or, under the right circumstances, won’t need to pay it at all.

So, before applying for a divorce, people should check if they’re entitled to any kind of discount on the court’s £550 divorce filing fee.

And here’s how to file for a divorce in England or Wales

In order to file for a divorce in England or Wales, a divorce petition (also known as a D8 form) will need to completed and then submitted to the court alongside the original or a certified copy of the marriage certificate. A cheque for the court fees can be submitted alongside these, though it is now possible to instead request that the court contact the Petitioner in order to take the payment via a credit card.

You can download a blank divorce petition here. Alternatively, you can now complete and file your divorce papers online.

Conclusion

Before filing for a divorce, people should always decide which grounds they will use. If possible, both spouses should discuss and agree what ground will be used as well as what additional details will be provided to support the divorce application.

People will also need to find their original marriage certificate or obtain a certified copy. It’s also highly advisable that they check if they can have the court fees for divorce reduced.

Finally, once this has been done, they can file their divorce application online or by post.

What is divorce mediation and who is it for?

As we all know, the process of ending a marriage isn’t easy. Rarely, though, is it difficult because one person wants a divorce and the other doesn’t – the vast majority of separated couples tend to agree that they should pursue a divorce. Instead, it is dividing things like properties, savings, pensions and agreeing living arrangements for children that are most likely to cause disputes and prolong the divorce process.

Such disagreements can occasionally be resolved without outside assistance. More often than not, though, if the couple are unable to agree on a compromise within two to three weeks, they will struggle to do so without professional help. Many people assume that solicitors are the only option under such circumstances, but this is not the case: mediation is a viable, affordable and often effective means of resolving such disputes.

How divorce mediation can help

Mediation’s biggest advantage is that it uses a setup that is designed to minimise confrontation and disagreement by working with both spouse in a neutral setting.

Solicitors represent one spouse only and, whilst they will still encourage their clients to act reasonably and consider compromises, this hinders their ability to negotiate quickly and to give both parties’ situations full consideration.

On the other hand, mediators will hold sessions with both spouses, consider their respective positions and thoughts and advise them both accordingly. Vitally, the fact that they are present means that they are able to step in if either spouse becomes ‘deregulated’ and suggest, for example, that discussions be paused in order to provide them with an opportunity to collect their thoughts. This allows them to help keep participants calm and maintain an environment within which successful negotiations are more likely.

How much does divorce mediation cost?

Mediators, like solicitors, charge by the hour and rates generally range between £50 and £120. Whilst this means that the price you pay will be determined by the number of mediation sessions you attend, research has shown that – provided a couple genuinely want to arrive at an agreement and are willing to compromise – mediators are often able to help couples arrive at an agreement quickly.

So, whilst the fees that mediators charge aren’t insignificant, they’re still lower than those typically charged by solicitors. Combine this with the fact that they often produce results in less time and it’s evident that, whilst the cost will differ from person to person, they’re very likely to be cheaper than solicitors.

Does anything need to be done after an agreement’s been reached?

Not necessarily, but it’d be advisable that the agreement be made binding via a Consent Order before a divorce is finalised.

In what is commonly known as a clean break divorce, the divorce procedure is all but identical but with one key exception:  a formal application for a Consent Order is submitted to court following a Decree Nisi having been granted. This application will state precisely what the couple have agreed, and this will be reviewed by a family court judge. Occasionally, this will result in the applicants needing to attend a meeting with this person, but this is extremely rare and only comes about when a judge believes that an agreement overly favours one party. The vast majority of applications are approved and, following this, all facets of the agreement become legally enforceable and – save where it is later shown that one party hid assets – prevents either spouse from claiming any of the other’s assets in the future.

Do I need a solicitor?

No, you don’t. You can prepare your divorce papers yourself, in fact. Alternatively, you could always use an online divorce provider like Quickie Divorce – we’ll prepare all of the documents you’ll need to get a divorce for just £67.

Preparing a Consent Order is slightly more complicated as some knowledge of legalese (the technical language used in legal documents) is required. Fortunately, this doesn’t mean that you’ll have to pay hundreds of pounds to a solicitor. We’ll prepare it for you along with your divorce papers for just £167.

What new divorce laws are coming to the UK?

Early in 2019, it was announced that the process of applying for a divorce in the UK would be changing. It’s not yet known when these changes will come into effect, but they will represent the biggest changes to divorce law since the Matrimonial Clauses Act of 1973. You can find a summary of the most significant changes that are expected below:

The accepted reasons for divorce will change

Currently, anyone looking to end their marriage must rely on one of five legally acceptable reasons for a divorce. Following the expected changes having come into effect, the only ground will be the irretrievable breakdown of the marriage. It is anticipated that, following the law having changed, this reason alone will need to be cited and no specifics as to why the marriage has broken down will need to be provided.

Blame will be removed from the divorce process

Of the five grounds for divorce that can currently be cited, three – adultery, unreasonable behaviour and desertion – require blame to be apportioned to one party. This is frequently a cause of conflict which can cause dispute long after a divorce has been granted. These grounds are to be removed and replaced with one single ground: the irretrievable breakdown of the marriage.

By removing these grounds and reducing the amount of detail needed within divorce applications, the government will be removing blame from the divorce process in its entirety.

The divorce process will take at least six months

It is widely anticipated that new any new legislation concerning divorce law in the UK will introduce a mandatory waiting period of six months to proceedings meaning that the divorce process will take at least six months.

According to reports, this waiting period is to be introduced to allow couples time to reflect and reconsider whether they want their marriage to end.

Contesting a divorce will be harder

Currently, a divorce can be contested for any reason. When new laws come into effect, however, it’s reported that this will no longer be the case.

Instead, it will only be possible to contest divorces under specific circumstances. It has not yet been reported when it will be possible for someone to contest a divorce, though we’d anticipate it will only be possible when granting a divorce would leave one party significantly disadvantaged such as if they would be left without a home/accommodation.

The divorce process should be easier

Currently, following a spouse having filed for divorce, the court send their husband or wife (known as the Respondent) documents and requests that they complete and return them. If the Respondent does not do this, the divorce process is made more complicated. In fact, in many instances, it will be unable to proceed at all.

It’s believed that this will change and that it’ll be easier to become divorced without both spouse’s agreeing, though the precise details of how this process will change are yet to be announced.

Joint divorce applications will be introduced

This hasn’t been confirmed but several reports have suggested that joint divorce applications will be possible following the law having changed.

If it were to come into force, such a change would make the divorce process significantly easier as both spouses would effectively be providing their consent at the point of application.

Will new divorce laws be in place before the end of 2019?

Whilst we can’t say for certain, it looks unlikely.

David Gauke, the UK’s current justice secreary, has stated that the relevant legislation will be discussed in parliament as soon as time becomes available. As the rather pressing issue of Brexit will almost certainly take up too much time for this to take place before the end of the year, however, we’d expect the changes to come into effect in 2020.

What will change at Quickie Divorce?

As ever, we’ll be preparing the documents needed to obtain a divorce for our clients and will ensure they’re prepared to the highest standard. We also have a good relationship with the courts and will ensure that we’re fully equipped and clued-up on the new divorce process before it comes into effect.

In short, for our clients, it’ll be business as usual.

Can I get a no-fault divorce now?

Yes, provided you and your spouse agree to the divorce and have been living separately for at least two years, you can get divorced without blame now. If you’d like to find out more, click here to get in touch with Quickie Divorce today.

Request a callback
Request a callback

Calls may be recorded for training and monitoring purposes


Confused About Divorce? Free Help & Advice

Click to Call FREE 0800 058 4462

OUR PRICE GUARANTEE

If within 30 days of purchase, you find another UK online divorce product that offers the same quality of service and support as ours, for a lower cost, we will give you a no-quibble 100% refund - GUARANTEED!

Select below to see Price Comparison