Divorce Fact Sheet

You simply confirm on the Application form that “the marriage has irretrievably broken down”.

Divorce law has changed to “No fault divorce” , so this will be unnecessary. You can no longer defend a Divorce Application.

In 2022 divorce online was introduced – https://www.gov.uk/apply-for-divorce When applying, please ensure that you have your marriage certificate and any translation that may be required and a Visa or credit card handy. You can save the application as you go. As a 1st step you need to register on the site rather like tax. Most clients find this initial step quite easy. However, it’s easy for a nonlawyer to make a mistake or fall into a trap so it’s a really good idea to get a lawyer like me to check it over. You are still allowed to file a paper version if you prefer.

Both digitally on email and 2^nd class post.

Once the A.S. has been filled in, you are able to apply for the Conditional Order and complete the relevant form. With COVID-19 and the backlog of cases, you should proceed with this as quickly as possible, as there are already substantial delays in the system. This is the web address for applying – https://www.gov.uk/government/publications/form-d8-application-for-a-divorce-dissolution-or-to-apply-for-a-judicial-separation-order

You need to try to reach agreement with your ex-spouse on these issues as quickly as possible, either directly or in *Mediation with the help of a family mediator. Once such issues reach solicitors, communication directly is frequently much harder, and positions become entrenched. Initially I suggest you just try to reach agreement on some easy points such as contents and possessions. Frequently the main issue will revolve around the *Matrimonial Home.

If you can reach agreement on whether such property will be sold on divorce and the net proceeds split equally, or whether there will be a postponement of sale until say the youngest child reaches 18, that is a major advance. Alternatively, one of you may be able to access or borrow extra funds to buy the other spouse out. Sensible compromise and negotiation can undoubtedly save a good deal of legal costs and heartache.

Regulated family mediators are trained and can help you reach agreement in private after agreeing valuations and disclosure of finances. Always take independent legal advice and do not be pressurised or bullied into signing or agreeing anything until you can obtain advice and can clearly understand the full implications financially. If there is a child involved then most couples generally reach agreement on child maintenance and child arrangements. The CMS website of the government has greatly helped https://www.gov.uk/calculate-child-maintenance
If you cannot reach agreement directly or through family mediation, I strongly recommend you file Form A: Notice of [intention to proceed with an application for a financial order] at the divorce registry https://www.gov.uk/government/publications/form-a-notice-of-intention-to-proceed-with-an-application-for-a-financial-order. Generally, you will need to have first attended a Mediation Information and Assessment Meeting (“MIAM”) This will trigger a standard court timetable for completion of Form E, mutual disclosure and a First Directions Appointment (“FDA”) date at your local county/family court.

The family court judge usually makes an order for further directions and decides which further questions can be asked on form E and can provide for further disclosure or ask for an expert report on the valuation of shares or something particularly relevant to your case. You are expected to attend or be represented. It usually does not last much longer than half-an-hour. At present, all hearings are conducted via video conferencing.

This is a document of over 20 pages that can be downloaded. It’s a detailed snapshot of all your financial and property assets (like a Balance Sheet). It’s not for the fainthearted. I am always happy to help you try to complete it. https://www.gov.uk/government/publications/give-a-financial-statement-divorce-form-e1

At the FDA, the judge will normally give a date say 6 months -1year from the FDA for the FDR. At the FDR ,a judge having read the financial documents, will give his or her comments on what the likely division of the assets should be to encourage parties to reach agreement on the same date. The judge will invite the parties with or without lawyers to return after a few hours to report back. It is a sort of headbanging exercise, the family judges are keen not to have too many cases clogging up the system. The judge must have considerations to all the factors in section 25 of the Matrimonial Causes Act 1973, as amended, they are really important (in any divorce), so I set them out in full.

1. the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to
   take steps to acquire.
2. the financial needs, obligations and responsibilities which each of the parties to the
   marriage has or is likely to have in the foreseeable future.
3. the standard of living enjoyed by the family before the breakdown of the marriage.
4. the age of each party to the marriage and the duration of the marriage.
5. any physical or mental disability of either of the parties to the marriage.
6. the contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family.
7. the conduct** of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it.
8. in the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit… which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.
   [** Rarely established-it has to be really bad indeed e.g., causing serious physical harm].

The Judge should go through them one by one. At the end of the day there is a fair amount of judicial discretion and you or your legal representative need to be a strong negotiator to secure a fair and reasonable settlement. The starting point is a 50-50 division of the net assets based on the case of White v White decided by the House of Lords around 20 years ago. See https://publications.parliament.uk/pa/ld199900/ldjudgmt/jd001026/white-1.htm
Very briefly, if there is to be a clean break and no spousal maintenance it is quite likely that the homemaker usually the wife, (especially where there are children involved) will receive a larger share of the capital assets. However please note that every case depends on its particular facts, and all sorts of considerations come into play, both legal and human, based on the unique interaction of the couple and any children. It’s not necessarily about getting the best deal possible, there is a lot to be said for minimising stress and ongoing costs. You may well see your spouse again socially, especially if there are children involved. It is much better for the children that any ongoing disputes are settled quickly and fairly and do not affect them.

If this is through family mediation a family mediator will send a Financial Summary (open document) and a Memorandum of Agreement (private document ) to you at the end of the discussions. A regulated trained Mediator/*Solicitor will generally, then prepare a draft consent order based on what has been agreed. This is then approved by the other spouse or their solicitor and then sent into the family court for approval. Normally you must attend court. The judge is concerned to make sure that any proposed order is fair and reasonable to both sides. It is not unknown for a judge to refuse to make a Consent order if he or she feels that it is not reasonable so be prepared to answer questions as to how agreement was reached.