Divorce is the most hardest thing that there is, which is both challenging financially and emotionally. It’s important to have a deep understanding of the whole process so you have a transparent divorce financial settlement along with an Amicable divorce process. It is best suggested to take legal help from family law solicitors so the settlements can be stress-free and error-free for both the parties involved. Let’s break down the process in detail for better understanding.
1- Divorce Application
You have two choices when applying for divorce, either you can do it on your own or you can do it with your partner. If you apply on your own then it will be known as a sole application, however if you apply with your partner then it’ll be called a joint application.
A joint application is only suggested if you are sure you will agree with your partner throughout the whole process. If you opt for joint application, you can transition to sole application later on but the earliest you can switch is up to 20 weeks after the application submission.
2- Gather the Information and Documents
You will be needing your marriage certificate or the civil partnership certificate in order to fill the details of the application. If even one piece of information doesn’t match the application will be sent back to you. Incase you don’t have your marriage certificate you can always order or pay for a copy of it on GOV.UK.
Note that if your certificate is not in English then you must get a translated version certified by a notary public. Moreover, you need to get your partner’s details as well, such as name, address, email etc., and you cannot use their business emails. It is recommended that you hire a divorce lawyer or get in contact with family law solicitors so they can double check everything on your behalf.
3- Fill the Application
You can either apply online or by post in divorce, however in both cases you have to fill an application and to make sure you follow the instructions carefully and get help from a divorce lawyer or a solicitor. Carefully go through all the sections especially “financial order” upon which the court decides about the money you and your partner has. Same goes for the section that marks the financial order of your children (if you have any). By ticking these boxes, you can later deal with these matters through application.
4- Notify Your Partner
Also known as ‘serving divorce or dissolution process’ this step usually involves the court sending a copy of the divorce to your partner. If the court is serving the papers, then a link will also be sent to your partner so they can view everything online. However, note that if you have not provided any email then your partner will receive the papers through post. Other than this if you have opted for joint application then you both will receive the email confirming that your application has been received by the court.
5- How Your Partner can Respond
In sole application, your partner must inform the court that they have received the divorce application and whether they agree or disagree with the divorce. In case they disagree with the divorce, they’ll have to ‘dispute’ the divorce. And for this they must respond within 14 days.
- The ‘dispute’ can only be done for one of the following reasons:
- The marriage was not valid in the beginning
- They think the marriage has already ended through divorce.
They don’t think the court is allowed to step in or deal with the divorce (this is known as ‘not having jurisdiction).
6- Conditional Order
You can call for a conditional order after 20 weeks of your application submission, where the court will decide whether the divorce will proceed or not. Know that you can’t do it sooner than 20 weeks as you and your partner will have the time to decide if you want to go further with the divorce or not.
You will receive an email from the court telling you when you can apply for a conditional order.
7- The Final Order
You can request a final order after the conditional order which is typically after 6 weeks and 1 day of submission. This will end your marriage permanently. The final order will change how your home and money are divided between both parties. Either you are a sole applicant or a joint one, it is crucial to get legal advise from Divorce negotiation lawyers in London for any kind of Spousal support agreement or other financial settlements. Note that once your partner applies for the final order you won’t be able to stop them, hence get a divorce lawyer to delay it a bit in order to settle things.
Need Professional Advise on Divorce Financial Settlement?
If you are in need of expert legal advise for your settlements, then Farani Taylor Solicitors can best help you in sorting out all your legal processes and supporting you throughout the process. Their family law solicitors have more than a decade of experience to serve you better than anyone else. Visit the website now and fill in a form to request call back from our side! Schedule your consultation now!