Do You Have To Go To Court For a Divorce?
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Can you get a divorce without going to court?
The divorce process in the UK can be complex and overwhelming, especially for those going through it for the first time. It’s essential to understand the different stages involved and what to expect from the process.
The process typically starts with the submission of a divorce petition, which is usually done online or through the court. The petition must be accompanied by a marriage certificate and a statement of irretrievable breakdown of the marriage.
Once the petition is submitted, the court will review it and send a copy to the respondent (the other spouse). The respondent must then respond to the petition within a specified timeframe, usually 14 days. If the respondent agrees to the divorce, the court will issue a Conditional Order, which is the first formal stage of the divorce process.
After the Conditional Order is issued, the petitioner (the spouse who initiated the divorce) must wait for a minimum of 6 weeks and 1 day before applying for the Final Order. The Final Order is the document that legally ends the marriage.
Uncontested divorce
If your divorce is uncontested and there are no disputes over issues such as what happens to the marital home and arrangements for children, it is possible to obtain a divorce without attending court. In many uncontested cases, you can handle the entire process digitally by opting for a divorce online, which can help you avoid court appearances.
However, if disputes arise over these issues, it may be necessary to resolve them in court. This involves understanding the court process and potentially attending family mediation sessions or hearings to reach agreements on issues such as child custody, child maintenance payments, and property division.
So, how do you avoid a courtroom battle when you divorce? Here are our 5 top tips:
Eligibility and application
You must meet certain criteria to be eligible for a divorce in the UK. You must have been married for at least a year and have a valid reason for seeking a divorce. The most common reasons for divorce are irreconcilable differences, adultery, and unreasonable behaviour.
To apply for a divorce, you will need to submit a divorce petition to the court. The petition must include your personal details, your spouse’s personal details, and the reasons for seeking a divorce. You will also need to provide a marriage certificate and a statement of irretrievable breakdown of the marriage.
Court fees and costs
The cost of a divorce in the UK can vary depending on the complexity of the case and the level of legal representation required. The court fee for a divorce is currently £593, which must be paid when the petition is submitted. If you are on a low income or receive certain benefits, you may be eligible for help with court fees.
In addition to the court fee, you may also need to pay for legal representation. The cost of legal representation can vary depending on the solicitor’s fees and the case’s complexity. On average, the cost of legal representation for a divorce can range from £500 to £2,000 or more.
5 ways to avoid a court hearing during a divorce
1. Discuss your children’s arrangements first
After making the decision to divorce, one of the first things you should try to do is talk about children’s arrangements. You need to agree on their living arrangements and shared care. Even though you are divorcing, your children still need both of you in their lives (unless that would be contrary to the child’s welfare) – and research shows consistently that a long-running court case or mutual hostility between the parents is unhealthy for the child.
If your case did go to court, the Judge would make an Order to settle the arrangements. The paramount consideration in the court’s decision would be the child’s welfare.
That is a good place to start as your primary goal. Another good thing to bear in mind is: what would they say to you? When you look back on this situation in 5 years, how would you want to remember it – would you be proud of yourselves for having conducted your separation with dignity and being able to put your children first?
How do you want your children to remember this time?
2. Talk about your finances in the divorce application
Another important matter you need to do is talk about your divorce finances. You need to think about things like who will stay in the family home or is to be sold, whether one of you will move out, and how you will divide your joint assets, including property, savings, and pensions.
You’ll also need to discuss how debts are to be dealt with. If discussions break down, initiating court proceedings may be necessary to resolve financial disputes, which can involve significant costs and time.
A solicitor can help you understand your rights and obligations under the law, and they can provide guidance on how to reach a fair and equitable agreement with your former spouse. If discussions break down, then a cost-effective non-court dispute resolution process like mediation or private financial dispute resolution can help you strike a fair deal out of court – more on those below.
3. Don’t play the blame game
New no-fault divorce rules in England and Wales mean that you no longer have to apportion blame to obtain a divorce. You can simply state that your marriage has ‘irretrievably broken down’ in your divorce petition.
However, even though you no longer have to blame someone legally, it’s important not to play the blame game emotionally with your partner. How you behave during the divorce process will have a big impact on how well you cooperate and how smoothly the negotiations go.
Yes, you may be hurt or angry. But try to take the high road and remind yourself of the bigger picture. This will help keep your negotiations on the right track.
4. Use alternative ways to resolve disputes
There are many alternative ways to resolve disputes without going to court. Family mediation can be a great way to meet with your ex-partner on neutral ground, using a trained third party to help you reach an agreement without going to court. While family mediation can help you avoid going to family court, it is important to understand that the court may still need to approve any agreements reached.
For financial disputes, you can also use private FDR (Financial Dispute Resolution). This is where you pay a very experienced family lawyer (frequently someone who also sits as a Judge) to act as a Private FDR Judge. The process is more informal than a court hearing and much less adversarial, so it’s more likely that a settlement will be reached.
- Explore further insights in our blog post about Early Neutral Evaluation
5. Choose a solicitor who prefers collaboration over aggression
When choosing a family law solicitor to help with your divorce, choosing one who prefers collaboration over battling it out in a courtroom is important. Solicitors who prefer collaboration have many tools for resolving disputes amicably.
They will help you communicate effectively with your ex and may recommend face-to-face meetings with them and their solicitor to help you talk through your sticking points. They can also put you in touch with other professionals, such as mediators and financial experts, who can help you resolve things without going to court.
A collaborative family law team can provide the necessary support and guidance to help you resolve disputes amicably and avoid court battles.
When is court attendance necessary?
In most cases, attending court to get a divorce is unnecessary. The divorce process can be completed online or through the court, and the court will review the petition and make a decision based on the facts presented.
However, there may be circumstances where court attendance is necessary. For example, if the respondent disputes the divorce or has complex financial or child custody issues, the court may require both parties to attend a hearing.
Financial arrangements
Financial arrangements are an essential part of the divorce process. The court can make a financial order to sort out finances with your ex-partner. This can include orders for spousal maintenance, child support, and the division of assets.
A consent order is a legally binding agreement that outlines the financial arrangements between you and your ex-partner. A solicitor usually draws it up, and must be approved by the court.
To obtain a consent order, you will need to provide financial information, including details of your income, expenses, assets, and debts. You will also need to provide information about your ex-partner’s financial situation.
Once the court approves the consent order, it becomes a legally binding agreement that both parties must adhere to. Failure to comply with the terms of the consent order can result in further court action.
How our family law team can help
Our solicitors are members of Resolution. This means we’re committed to the constructive resolution of family disputes. The collaborative process can be quicker, cheaper than traditional legal methods, and much less stressful than going to court. By choosing the collaborative process, you can reduce legal fees, making divorce more affordable.
Lisa Pepper is a partner in the family department, specialising in divorce and finance matters. She is also an accredited mediator. She is ranked as a leading lawyer in Chambers UK, Chambers HNW, The Legal 500, Spears HNW directory, and Tatler Advisory.
Please call 020 7485 8811 or complete the form below to speak with Lisa or her team.
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