Whether you’re rushing toward it with relief or dragging your feet kicking and screaming, divorce is a significant step in our lives. Regardless of how you feel, understanding the basics of divorce is essential. So, let’s start with a simple question:
In simple terms, divorce is the legal process of ending a marriage. However, it’s not just about signing papers and walking away. Divorce is made up of three interconnected strands, each playing a crucial role in moving forward:
- Divorce Proceedings
- Financial Arrangements
- Child Arrangements
Let’s break each of these down in a way that’s easy to understand.
- Divorce Proceedings
This is the legal process of officially dissolving your marriage. In England & Wales, you file a divorce application, which can now be done online. There are no “reasons” to argue over or need to blame, as the law has moved to a “no-fault” system. You can’t avoid the payment of a Court fee and the involvement of a Judge who is involved in the Conditional Order. Here’s how it works:
- Application: You or your spouse (or both jointly) submit an application for divorce and pay the Court fee.
- Conditional Order: If the court agrees that the marriage has broken down, they issue a Conditional Order (formerly called Decree Nisi).
- Final Order: Six weeks and one day after the date of the Conditional Order, you can apply for the Final Order (formerly called Decree Absolute), which officially ends the marriage. It may not always be appropriate to apply for the Final Order until you have a legally binding financial order. That’s because certain entitlements, which are only available to a spouse, can be lost upon divorce.
- For more guidance, visit gov.uk/divorce.
If you obtain a Final Divorce Order without obtaining a Financial Order which includes a “clean break” there is the possibility that your spouse will still have the opportunity to bring financial claims against you.
What Would A Judge Say can help with divorce proceedings. See our pricing page for more details.
- Financial Arrangements
The divorce itself does not deal with finances. Financial arrangements deal with dividing assets including the family home, pensions, debts, ongoing financial support and other financial issues between the parties. Here’s what you need to know:
- If you and your spouse agree on how to divide your finances, you can formalise this agreement with a Consent Order.
- A Consent Order needs to be approved by the court after your Conditional Order is issued to make it legally binding.
- If you can’t agree, you might need legal advice or mediation to work out the terms.
Our service helps you understand what a judge might think about your financial situation, giving you confidence in negotiations or mediation.
- Child Arrangements
When parents separate, deciding where the children live and how they spend time with each parent is crucial. Ideally, parents reach an agreement themselves, keeping the child’s needs as the priority. However if difficulties arise here are some options:
- Written Agreement: Parents (and sometimes other family members) can create a written agreement about the practical aspects of raising the child. This can cover living and contact arrangements, education, holidays and more. You can create a plan with guidance from Cafcass. Cafcass are the Children and Family Court Advisory and Support Service. Cafcass only become actively involved when Court proceedings are taking place although their website does offer helpful guidance for parents.
- Mediation: If you need help discussing arrangements with your spouse, mediators can assist. For more guidance visit https://www.familymediationcouncil.org.uk/
- Court: If mediation fails, you can apply for a Child Arrangements Order, and the court will ultimately decide the arrangements based on what they feel is in the child’s best interests. For more guidance visit making child arrangements in divorce from gov.uk
Can What Would A Judge Say help with child arrangements?
Yes and no. Here’s what we can and cannot do:
- What We Do
- We will obtain from you details about your child/ren, the lifestyle you want for them and the related cost. You may find it helpful to view the guidance on the gov.uk site). This can then be factored into the judges opinion. This helps you understand the potential financial responsibilities related to your child or children’s upbringing.
- If you’re unsure how to approach child arrangements, we’ll guide you on what steps to take and point you to useful resources like Cafcass and their Parenting Plan guide.
- What We Don’t Do
- We don’t mediate directly or represent you in court. However, we can recommend trusted mediators and legal professionals if needed.
Need Help?
We aim to make the divorce process less daunting by providing insights into the likely financial outcome from a judge’s perspective. Start with our free assessment — it’s designed to help you prepare and organise all your information securely in one place. We guide you through the financial disclosure process, ensuring your unique situation is clearly presented.
Contact us today to learn more about our fixed-fee service and how we simplify the divorce process for you. Feel free to give us a call on +44 (0)20 3951 0212 or email hello@whatwouldajudgesay.com or use get started to share your unique situation.