Divorce Law - Breaking down the Jargon
The Divorce Consultants at My Online Divorce offer expert guidance and support through the divorce process for our clients. Whilst doing so our Divorce Consultants aim to make the whole process as clear and understandable as possible and legal jargon is kept to an absolute minimum. The introduction of the new No-Fault Divorce legislation in April 2022 also aimed, amongst other things, to make the divorce process more user friendly which saw a change in terminology to some of the stages of the divorce journey. So, what is the new process and how does it compare and relate to the former?
The No- Fault Divorce Process
1. As with the old process, No- Fault Divorce begins with an application being made to the Divorce Court. Under the new process, the application can be made as an Individual as was the case previously, or as a Joint Application if matters between the separating parties are amicable. Upon receipt, the court carefully check that the application has been completed and submitted correctly with the correct supporting documentation. If accepted by the court, in the case of a joint application the new 20 week cooling off period then begins, or in the case of a sole application a copy of your application will be sent to your ex before the cooling off period begins.
2. The 20 week cooling off period was introduced as a period of reflection for the divorcing parties but it is also a useful period during which arrangements for finances and any children to the marriage can be negotiated and agreed before being formalised later in the Divorce process.
3. After the 20 week cooling off period has elapsed from the application being accepted by the court (joint applications), or from when your ex acknowledged your application with the court (sole applications) you can then make an application for the Conditional Order. The Conditional Order was previously called the Decree Nisi.
4. Once your application for a Conditional Order is received, the court will carefully review it to ensue that the application is correct, that all the details within the application are correct and that you are entitled to get divorced in England and Wales. If the divorce court approves your application for a Conditional Order then you will be issued with a Certificate of Entitlement. The Certificate of Entitlement will state the date on which a Judge will pronounce your Conditional Order at Court. Once the Conditional Order has been pronounced by the Judge then your 6 week waiting period starts on the same day.
5. Once you have your Conditional Order Certificate you will be able to apply to the Court for any Consent Orders that are required in regard to Child Arrangements and/or Finances. It is a common misunderstanding for people to believe that divorce ends both your marriage and all ties relating to it. This is incorrect and we would recommend talking to one of our Divorce Consultants about ending the financial ties to your marriage and/or protecting your future wealth from claims by your ex.
7. Once the 6 week waiting period has elapsed, you can then make an application for your Final Order. The Final Order was formerly known as the Decree Absolute. Upon receipt of your correctly completed application, the Court will issue your Final Order within 2 working days.
There are many Divorce Service providers offering 'quick' divorce services. It is important to be aware that, under the new divorce legislation, all divorce cases will take a minimum of 7 months and there is no 'quick' solution to complete the process quicker than that. With careful, expert management of your divorce case, by one of our vastly experienced Divorce Consultants, we are able to ensure that your No-Fault divorce case is concluded at the very earliest opportunity with minimal stress or effort from you.
If you are faced with divorce, have been served divorce papers or wish to start the divorce process, then speak with one of our Divorce Consultants today and book a Free Consultation now.