Divorcing couples in the midst of their relationship breakdown will often google ‘how can I get divorced?’. The top search in the UK is the Government website, providing instructions on how to do it yourself. To start, all you need to do is confirm that you have been married for one year, confirm that your relationship has permanently broken down and that your marriage is legally recognised in the UK. You can then proceed to draft a Divorce Petition. But is it really that easy?
On that face of it, yes. All you need is your original marriage certificate (or you can order a certified copy), contact details and £593. This is a small price to pay for those wishing to sever ties and move on with their lives. But is that it?
The divorce process is lengthy. Once details have been inserted to lodge a Divorce Petition with the Court, it can then take up to twenty one days to be issued. Following this, the Petition will be sent to the receiving husband or wife, seeking their acknowledgement of the Petition. Following this, the Conditional Order of divorce can be applied for twenty weeks post issue, followed by a further six weeks for the Final Order. The Court sends very helpful updates to confirm the dates when each order can be applied for. The divorce process will take at least 9 months, so long as there aren’t any hiccups along the way. But what about the finances?
Despite the above sounding simple and stress-free, there is a misconception that the Final Order of divorce severs financial ties. It does not. The most common mistake is that people believe that all marital assets are automatically split equally on divorce. A recent report carried out upon 20,000 members of the public in England and Wales confirmed that there is a substantial lack of knowledge around divorce and separation. A large number of participants thought that when couples settle finances without the court’s involvement, they can agree any share they want. This is not the case.
The only way for parties to sever financial ties upon divorce is by obtaining a Financial Order, even if there are no assets. If a Financial Order is not agreed between the parties and approved by the Court, either party can make a financial claim against the other at any point in the future. Even though there may be some argument in terms of marital and non-marital assets, financial ‘need’ may change entirely based upon a new relationship or assets held.
Even if divorcing parties have been able to reach a financial settlement themselves, this should be discussed with a family lawyer and the terms should be drafted into a Financial Order. The preparation of this order is not something which should be attempted without the involvement of a family lawyer to ensure it is drafted correctly with the best chance of being approved by a Judge. The Court fee for the lodging of a Financial Order by consent is £58 and can only be considered once the Conditional Order of divorce has been pronounced.
Section 25 of the Matrimonial Causes Act 1973 sets out a number of factors the Court must take into consideration when looking to make Financial Orders, for example the parties income, housing need, standard of living enjoyed throughout the marriage, age of the parties', disabilities, contributions and/or conduct. The Court’s first consideration is always the welfare of any child of the family who has not yet attained the age of 18.
Even if there are no real assets, a Financial Order enables parties to sever their financial ties not only upon divorce but also in the future. A Final Order of Divorce only confirms that the parties are no longer married and are free to remarry. A recent article prepared by Dutton Gregory solicitors states that nearly 30% of married people consider divorce due to financial issues, but based upon the recent report carried out, it would suggest a high percentage of those couples do not truly understand how to financial protect themselves upon divorce. These are rather concerning statistics.
In summary, it is possible to obtain a divorce through the online portal without the involvement of a lawyer, however a Final Order of divorce does not sever your financial ties. There is a lack of understanding as to the need for Financial Orders and therefore a high risk of mistakes and issues in the future. Having a solicitor along the way will provide peace of mind and reassurance that your divorce has been dealt with correctly. You will also need the involvement of a lawyer to draft the Financial Order for you.
Here at Dutton Gregory Solicitors, we provide expert knowledge and guidance in respect of all divorce and financial matters. Whether you are looking for initial advice or help with the legal process, we are here for you. Please call us on 01202 315005 to book an appointment.
