![]() ![]() Otherwise parties run the risk of reaching an agreement but being unwilling or unable to implement the terms whilst they are not binding. We are therefore advising clients to reconsider their positions and that there is unlikely to be any prejudice by starting divorce proceedings at an early stage and then commencing negotiations about finances. However, parties must note that it is impossible to have a legally binding agreement until the Court Conditional Order in the divorce proceedings has been granted, which is a minimum of 4 months away from the date the divorce application is made. ![]() Some of our clients have said that they have discussed matters with the other party and have agreed to delay applying for the divorce until they have reached a financial agreement. Starting proceedings and financial agreements We will (almost) always advise parties to delay applying for the final Order until finances have been resolved by way of a legally binding agreement (“Consent Order”). We are finding that divorces are therefore taking a minimum of 6 months to conclude. After the Conditional Order has been made, there is a further wait of 6 weeks before the final Order can be applied for to conclude the divorce. The parties then enter into a mandatory holding period of 20 weeks before the Conditional Order (formerly Decree Nisi) can be applied for. Once the divorce application has been made, it is sent to the other party who must acknowledge receipt. Once your documents are notarized, the center will help you make any necessary copies and ship them where they need to go. A joint application involves both parties completing all the required paperwork online. It really makes no difference to the outcome of the proceedings which option is pursued, but if parties are trying to stay amicable, they may prefer a joint application. When a marriage has irretrievably broken down and a party (or both parties) are considering divorce proceedings, the decision that needs to be made is whether to make a sole application for divorce (in which one party divorces the other), or a joint application (in which both parties divorce each other). Therefore, even if one party has been unfaithful, or there has been domestic abuse, this is no longer relevant to the divorce and the Court cannot be given any allegations. Under the ‘no fault’ divorce process there is no opportunity to explain to the Court why the marriage has broken down or to claim that the other party is at fault. The only basis for a divorce is “the irretrievable breakdown of the marriage”. Now that enough time has passed for the system to be tried and tested as divorces conclude, it seems an appropriate time to review the current law. ![]() This dramatically changed the divorce process for both couples and lawyers alike. On 6th April 2022 divorce law changed fundamentally with the introduction of ‘no fault divorce’ (officially the Divorce, Dissolution and Separation Act 2020) and so began the new era of not apportioning blame for the breakdown of a marriage. Where Can You Get Your Divorce Papers Notarized Once you get to the point of getting documents notarized, you need to find the best option of handling the process easily. ![]()
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