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We will help you embark on the first steps in the divorce process and can provide advice on the divorce court process
As Resolution members, we strive to ensure that your divorce runs smoothly in an amicable and constructive way. Unless there is an urgent reason to file a petition, such as a jurisdictional issue, we advise that notice of the intended divorce proceedings should be given to your spouse and a joint application considered if appropriate for your circumstances. We advise against engaging in contested divorce proceedings as it is not generally in your interest to do so or a cost proportionate way to proceed.
Since April 2022 all divorce applications must be issued on a no-fault basis. This is a momentous step, enabling a couple to divorce without the hostility and hurt that came with the previous process which encouraged blame and the focus on past issues and behaviours.. This will aid couples and their solicitors to pursue amicable settlements with a greater emphasis on the mutual decision to end the relationship and a greater ability to deal with matters cooperatively from start to finish. This will further help to prevent children becoming embroiled in bitter aggressive proceedings at what is a challenging time for any family. Instead, this non-confrontational approach will give couples the right footing to develop a positive parenting relationship post separation which will be beneficial to children’s future relationships with their parents and to their global development and childhood experiences. Safe to say we are delighted with this long-awaited upgrade to our traditionally adversarial system.
The applicant on the divorce application only needs to file a simple “statement of irretrievable breakdown” which will be taken as conclusive evidence that the marriage has broken down irretrievably. It will even be possible to apply jointly which removes the need and indeed the possibility for the divorce to be contested.
Not only is this a non-confrontational option but it removes the risk of costly divorce proceedings as a result of a contest to the basis of the petition itself.
A new 20 week minimum period from the date of the application to the Conditional Order stage (previously the Decree Nisi stage) provides greater scope for parties to negotiate a mutually agreeable way forward, whether that is in respect of financial matters or arrangements for children, parties have space to breathe and practitioners a greater opportunity to support them to come to an amicable arrangement to the benefit of all involved.
International assets on divorce
Do you or your ex have assets or property based abroad? If so please make sure you consult an ...