The decision to get a divorce is rarely taken lightly, and part of this can be down to the process itself. A consideration that many unhappy couples face is the financial impact of ending the marriage. If the price of divorce is a concern, we are here to explain how it works, where expenses arise, and how you can minimise that cost without sacrificing precision and efficiency.
The legal divorce process
In England, you can get a divorce if you are legally married in the UK (including same-sex marriages, but not civil partnerships), the relationship has permanently broken down, and you’ve been married for 12 months or more.
As of April 2022, the rules surrounding divorce have had an overhaul, and there is now no need to submit a reason for the divorce such as adultery, unreasonable behaviour or separation for over two years.
There are now two ways to apply for a divorce – you can apply as joint applicants (where you and your partner apply together), or as a sole applicant (where one of you applies alone). However, if you choose to apply, we would recommend seeking the advice of a Divorce Solicitor early on. They will be able to help you fill out the paperwork correctly and minimise the risk of costly, time-consuming mistakes.
The court will then process your application and in the event of a sole application, will send an Acknowledgement of Service to your spouse to complete within 14 days. This Acknowledgement of Service includes questions about spousal support, child support, and division of assets. The advice of a Family Law Solicitor at this stage will be invaluable.
There will then be a mandatory 20-week cooling-off period to allow you and your spouse to consider whether divorce is the right course of action. Once this time period has concluded, either party can apply for a Conditional Order from the court. This will be reviewed by a district judge who will set a date for the pronouncement of the order, neither party needs to attend this.
Six weeks after the pronouncement date, either you or your spouse can apply for the Final Order, which will conclude the divorce. At this point, we’d recommend speaking with a family lawyer about changing your will or writing a new one.
Read more about your options for writing a will here.
How to reduce the cost of divorce
The process of divorce can be complicated, and with complications come additional costs. By enlisting the help of a divorce lawyer, you reduce the risk of expensive mistakes being made at each stage of the process.
Additionally, the division of assets can be contentious, and legal advice could save you thousands in the long term. Numerous factors will be considered when decisions are made regarding sharing of savings, who keeps the family home, and how much is owed in child support or spousal support. Agreeing on these matters with the assistance of a divorce lawyer, and keeping it out of the court, will help save lengthy debate and will help you reach a more agreeable settlement with your spouse.
How can a divorce solicitor help you?
Your Family Law Solicitor or Divorce Lawyer will guide you every step of the way, from filling out the early paperwork to ensuring your Final Order is issued in good time.
As well as ensuring your application forms and other paperwork are filed correctly, with the right details, they can advise on financial separation, custody, and more, to help avoid lengthy, acrimonious court battles.
Of course, if a court hearing can’t be avoided, your Divorce Solicitor will represent you and do everything in their power to ensure the best outcome for you.
Mediation
On paper, the simplest way to minimise the cost of your divorce is to keep yourself and your spouse out of court and come to agreements amicably. An agreement can be reached between both parties with the assistance of a Mediator. Once an agreement has been reached, it is advisable to seek advice from your Divorce Solicitor to ensure that the agreement is in your best interests, and following this, a Solicitor will draft a Consent Order on your behalf to ensure the agreement is binding on both parties.
Divorce solicitors in Southend are here for you
Jefferies Law Essex is home to a team of experienced Divorce Solicitors and Family Law Solicitors based in Southend and Chelmsford, available to assist you with both financial and emotional aspects of a divorce. We go above and beyond for our clients – you can contact our family law team here or call 01702 332 311.
If you are impacted by this article and would like to find out more about how our Divorce Law Team can help, visit our Divorce and Separation page here.