Divorce

A marriage breakdown can be one of the hardest times of your life; you may be feeling angry, upset and anxious about the future.

With the experience of our qualified, Chesterfield-based Divorce solicitors, we can support you through this emotional time, in order for you to get the best possible outcome. We handle each individual case in a sensitive, compassionate manner and adopt a robust approach where necessary.

What Is “No Fault Divorce”

The new “No Fault Divorce” law came into effect in April 2022. This means that you are no longer required to provide a reason for getting divorced. Previously you would have had to provide the grounds for divorce, which should come under one of the five facts; adultery, unreasonable behaviour, two years’ separation by consent, 5 years’ separation or desertion. This is no longer the case and couples can even make a joint application for divorce. Additionally, if an individual makes an application for divorce it can no longer be contested, protecting people from being trapped in potentially abusive marriages against their wishes. The only time at which a divorce can now be contested is where jurisdiction is abroad and therefore the divorce laws of that country have to be met.

The terminology used in the divorce process has also changed. The term “petitioner” for the person filing for divorce has now changed to “applicant” and the decree nisi is now the conditional order and the decree absolute is now the final order.

How Long Does A No Fault Divorce Take?

A minimum of 20 weeks is required between the application for divorce and the conditional order. Following this, there is a further 6 weeks and one day before the application for the final order can be made. Referred to as a “period of reflection”, this length of time is to allow couples who have filed for divorce to reconsider. If they do not wish to reconsider, it gives them time to come to arrangements regarding finances and childcare, where applicable.

Decisions for children and separation of finances are always the most difficult areas of divorce. Now, a judge may step in to resolve disputes over children, maintenance and the division of wealth.

Whilst the new divorce law is aimed at making it less stressful for both parties, a solicitor is still advised for each party to act on their behalf throughout the process.

Vines Legal will provide help and advice on your individual circumstances and we offer a FREE, no obligation initial consultation where we will explain everything in full, including all the options available to you. Click here to complete our enquiry form so we can book you in for your free Consultation, or call the office today on 01246 555 610.