Resolving your divorce differences in alternative ways: The options

Since the introduction of no-fault divorce on 6 April 2022, couples can divorce or end their civil partnership without the need to apportion blame or rely on a period of separation. All that is required is a statement that the marriage or civil partnership has irretrievably broken down.

The divorce process

A divorce can now be commenced using the government’s online portal, either as a sole or joint application. The court fee for the application is £593 unless you are eligible for a fee exemption. If you are the sole applicant, you will need to complete the divorce application and submit this to the court. The court will check your application and if it has been completed correctly, it will be sent to your partner, who will need to complete an acknowledgement that he or she has received it within 14 days.

The next step is to apply for the Conditional Order, but you will need to wait 20 weeks from the date your divorce application was issued by the court before you can apply. Once the court has granted your Conditional Order, you will need to wait at least six weeks and one day before you can apply for the Final Order. The Final Order finalises the divorce and ends the marriage.

What about dividing our assets or arrangements for our children?

Divorcing couples are often unaware of the financial issues that need to be dealt with alongside the divorce. It is essential that couples address the financial claims they have against one another when they divorce or dissolve their civil partnership - these claims might be for property, lump sums, maintenance and pensions. The divorce process simply dissolves the marriage or civil partnership and does not deal with any of this. And if the couple have children, there will also be arrangements for them that need to be dealt with too.

Where possible, the couple should attempt to resolve matters by way of agreement. This is always the best course of action whether it is done directly between them or through solicitors. But if that doesn’t prove possible there are other options for resolving financial matters and arrangements for children after a divorce:

• Mediation – Mediation is an alternative dispute resolution process. The couple meet with a professionally trained, neutral and independent mediator who helps them to work out the arrangements for the children and/or the finances.

• Arbitration - Arbitration is another alternative dispute resolution method that allows you to resolve your differences outside of the court arena. In brief, you jointly appoint an arbitrator to make a decision that is intended to be final and binding on everyone.

• Collaborative law – each party instructs a lawyer who is trained in collaborative law. Four-way meetings then take place and the parties and their lawyers work together to reach a settlement.

The divorce process is the same regardless of whether you choose to resolve the associated financial or child related issues collaboratively, through alternative dispute resolution or via court proceedings.

Why do you need legal advice?

There is an option to proceed with a DIY divorce, where the couple, either individually or jointly, completes the divorce paperwork without legal advice and deals directly with the court. The introduction of the government’s online divorce portal has made this process easier and more accessible than before.

A DIY divorce will undoubtedly help keep costs down, but it is important to remember that a divorce is a legal process and there are legal implications, and it is vital to get it right.

Also, as explained above, the divorce itself is just one part of the separation process. Many people believe that once they are divorced they no longer have any financial ties to one another, but this is wrong. Even years after a divorce is finalised, financial claims can be made by either party. Married couples are under a duty to financially support one another and this duty does not automatically come to an end when the Final Order is received.

To sever those ties, a separate Financial Order needs to be made, either by mutual consent or by the court. A solicitor will help you to draft this Order. If a divorce is obtained without this financial clean break, you could find yourself in difficulty at a later date, for example, if you win the lottery or receive an inheritance your ex spouse may be able to make a claim.

If you are thinking of divorcing but are unsure which option might be best for you, please feel free to get in touch. We offer a free, no obligation initial 15-minute telephone call. I can be contacted on 01245 453810 or at Claudia.hubert@birkettlong.co.uk.