Find out the grounds of divorce and what support you can receive
The breakdown of a relationship can be incredibly stressful and difficult for anyone to go through, especially if there are children involved.
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Recent changes to Divorce
As of 6th April 2022 the new divorce law will remove the need to find fault and require the applicant(s) to produce a statement of irretrievable breakdown.
How will I apply for Divorce?
Within 14 days of the receiving the application, the respondent will need to respond by completing an acknowledgment of service on a D10 form. If the respondent agrees to proceed then the applicant will then be able to apply for a conditional order on a D84 form at least 20 weeks after the court issued the application.
If approved by the Court, the applicant will then be able to complete the D36 form application for the conditional order to be made final.
Both applicants complete the D8 form application for divorce. Joint applicants can agree to share the fee for the application, however on the digital service, applicant 1 will actually have to pay the court fee. See flowchart for more information.
Once the application has been approved by the court, the applicants can complete a D84 form and apply for conditional order. Then if approved by the court, the applicants will be able to complete the D36 form for the conditional order to be made final.
For further information about the new changes to divorce law, FAQs and how to apply for a divorce, see our blog “What difference is the new law for No-Fault Divorce going to make?”
Family and Divorce Law Enquiry
Fill out the form and a member of our team will get in touch to discuss how we can help.
Disputing the divorce
Under the new law, the respondent can only dispute the application in limited circumstances:
- Dispute the jurisdiction of the court in England and Wales
- Dispute the validity of the marriage or civil partnership
- If the Marriage or civil partnership has already been legally ended.
- Fraud or procedural compliance (possible)
Serving the divorce application
The applicant in a sole application may serve the application on the respondent, on request to the court. In a joint application there is no requirement to serve the papers on the other party.
Initiating a Divorce
An important first step in any divorce is seeking legal guidance to see what is best suited to you and your family. Divorce proceedings can be complicated, not only with the dissolution of the marriage, but also organising your finances, possessions, and Child Arrangement Orders.
The Family Law team at Mullis & Peake LLP are hugely experienced and are able to guide you through this difficult time, providing a sympathetic and pragmatic approach, tailored to your situation.
Do you need help with the following?
- Financial Claims for on Divorce
- Pre-marital (pre-nuptial) Settlements
- Mediation in relation to all family disputes
- Pensions on Divorce
- Domestic Violence (injunctions)
- Child Arrangements, who will your child live with and how often will both parents spend time with them
- Relocation Orders, can your ex move away with your children?
- Financial provisions orders specifically for children
- Surrogacy and parental responsibility agreements
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Jessica is an Associate Solicitor and has specialised in family law throughout her career