Filing for Divorce: Who Should Do It?
When entering a marriage, it is never your intention to have to divorce your partner: However, around 42% of married couples end up divorcing.
We understand that divorce is an emotional and tricky matter for all parties involved; it is a sensitive subject which needs to be handled carefully.
Divorces can be made more painful by poor legal representation and advice, we strive to avoid this for you.
At Harry Suleman Solicitors, we can offer dedicated legal advice to give you clarity in this difficult period when filing for a divorce.
What is a Divorce?
A divorce is when you legally end your marriage to your spouse. This means that you will no longer be joined to your partner legally.
Divorce proceedings can only occur after you have been married to your spouse for one year prior to the application being filed.
On average, the most common divorce age in the UK is between 40-44 and almost half of divorces happen in the first 10-12 years of marriage.
If you have not been married for one year, then you may be able to separate through other processes, such as an annulment or judicial separation.
What are the Grounds for Filing for Divorce?
In previous years, you would have to find a ‘fault’ based reason for the marriage breakdown in order to file a divorce. These reasons could have included adultery or unreasonable behaviour.
The most common reasons were:
- Unreasonable behaviour (47.3% of women who filed for divorce claimed this versus 33.8% of men)
- 2-year separation with consent (34.7% of men who filed for divorce claimed this versus 27.3% of women)
- 5-year separation no consent (22.2% of men who filed for divorce claimed this versus 15% of women)
- Adultery (10% of women who filed for divorce claimed this versus 8.96% of men)
However, since April 2022, in the UK, you now have the ability to have a no-fault divorce which gives both parties the freedom to file for divorce with just the claim of “irreconcilable differences.”
Alongside this, neither spouse can object to the divorce based on the reasons on which their partner bases the divorce.
Does it Matter Who is Filing for Divorce?
Did you know that 62% of divorces in the UK are filed by women?
A divorce can be filed by either party, if a spouse wishes to divorce and there are no legal issues, then their partner cannot object to it.
Filing for divorce can be done jointly if they wish. This can often be the case in divorces where the couple is on civil social terms.
Making a divorce application together can avoid unnecessary conflict during the process, especially regarding finances or children.
What is the Divorce Process?
The divorce process is a lengthy process to undertake; below, we will give a summary of the proceedings. If you would like to learn more detail about the divorce process, you should contact Harry Suleman Solicitors:
- Apply for divorce, either as a sole or joint application. This can be done on your own or by using a solicitor. There is a mandatory 20-week ‘reflection’ period after the application has been made for the couple to decide whether they want the divorce to proceed.
- If you made a sole application, the application will be ‘served’ on your spouse. They will then have to complete an application either online or on paper. For a joint application, both parties will receive the divorce application and will have to acknowledge the receipt of the respective applications.
- If there are grounds to dispute the divorce application, this will occur here. Along with this, if there are any issues regarding your divorce that you are unable to agree upon, you will be encouraged to attend mediation which can help you to reach an agreement about matters such as finances or child arrangements.
- Where necessary, you will agree upon a financial settlement and apply for a child arrangements order.
- Next, you will apply for a ‘conditional order which confirms that you wish for the divorce to proceed.
- Six weeks and a day after the conditional order was granted, the applicant/s can apply for the final order, which the court will provide to certify that the marriage has ended.
Do I Need a Solicitor for a Divorce?
Legally, you do not need a solicitor to file for a divorce. However, divorce is a complex procedure and can become more complicated if you have children, finances or other financial assets which need to be divided.
Along with making the process easier for you, a solicitor can ensure you do not fall into any traps or legal pitfalls which can occur when completing a divorce on your own.
Many people understand that divorce has costs associated with it and therefore try to cut costs by not instructing a solicitor. Whilst this seems like a good financial idea, it could lead to a poor financial outcome for you.
Many people are unsure about what their financial entitlement is, and what should occur with their matrimonial home and pensions, amongst other things.
By using a solicitor, you ensure that you have all the legal advice necessary to ensure you get the best financial outcome and avoid potential financial claims in the future.
How Can Harry Suleman Solicitors Help You
It can be very hard to decide to end your marriage. Or being on the receiving end of a divorce petition can feel degrading.
The last thing you need right now is a complicated, messy and expensive divorce. You already have so much to deal with. You just want to minimise the cost and stress.
But you’re worried about working with a solicitor. Will they treat you with respect? Be honest about your choices? Do what is right for you? Fight hard for you and your family?
Trust us to support you through this trying time. No matter your circumstances or needs, we take care of you with compassion.
We can handle your divorce, liaise with your former partner (or their lawyers) and ensure a smooth process. Your unique needs are considered carefully, and your family’s welfare is always front-of-mind with our personal family advice.
Just call Harry now to find out how we can assist you with filing for divorce.