The process of a divorce or dissolution of a civil partnership
Going through a divorce can be stressful and difficult for everyone involved. It often involves life changing decisions about your finances and contact with any children involved. Our Liverpool family law team work are professional, understanding and offer a bespoke service tailored to each individual client, as we appreciate that every family situation is unique.
You can only start the divorce process if you have been married for at least 1 year. The same applies to the dissolution of a civil partnership. If you are still within the first year, please contact our team for specific advice on your options.
There are several stages to the divorce process, as follows:
- Prepare and submit the Court application – either one individual or you can apply together.
- The Court will process your application. If you have applied as an individual, the Court will then send the Divorce documents to for the first time at this stage. If you apply together, both spouses see the documents before it goes to Court.
- The applicant(s) need to request a Conditional Order.
- The applicant(s) need to request a Final Order.
Your Final Order formally dissolves the marriage.
It is standard procedure to divide your finances as part of the Divorce process and submit a Financial Remedy Consent Order (recording the terms of agreement) to the Court to be approved prior to obtaining a Final Order.
No fault divorce
Follow reform of matrimonial law, you no longer must prove any grounds to be granted a divorce (for example adultery or unreasonable behaviour).
All divorce in England and Wales now proceeds on a “non-fault” basis. The divorce application now simply states that the marriage has irretrievably broken down, without any specific details or justification.
Whilst this change can be frustrating for individuals who feel that their ex-spouse’s actions or behaviour has specifically caused the breakdown of the relationship, it can also act to improve tensions especially when children are involved.
Splitting your assets
It is always recommended to legally divide your finances before the divorce is finalised. This can be a difficult and lengthy process, especially when there are property and pensions involved.
Please see our specific Financial Consent Order page for more information about this stage.
Protecting your assets
It is important to consider the protection of your assets whilst going through the divorce process.
The provisions of any will should be reviewed as you may wish to change who will benefit from your estate. If you do not have a will in place, then you should consider preparing this document as your ex-spouse is your legal next of kin until the divorce has been finalised.
If you are not the legal owner of your family home, then you may wish to consider registering your interest at Land Registry whilst the divorce is ongoing.
There may be additional considerations to be made to ensure that your assets are protected during the divorce process. We would recommend seeking specialist advice to discuss your circumstances and take any relevant steps.
