Currently, and for the last 50 years, the divorce system has worked on the basis that the only ground for divorce is that the marriage has irretrievably broken down together with one of five facts as follows;

1. Unreasonable behaviour of the other party
2. Two years separation with consent
3. Five years separation without consent
4. Desertion
5. Adultery

All facts except for 2. Two years separation with consent, require blame to be placed on the other party and as history has shown, this has usually led to acrimonious divorce cases where one party has had to resentfully shoulder the blame for the marriage breakdown.

Under the existing divorce laws, couples have to be married for at least one year before they can divorce and this same rule will continue to apply moving forwards. The same ground for divorce will also remain as the irretrievable breakdown of the marriage.

The new proposals include the removal of the existing right to contest/defend a marriage therefore if the respondent to the marriage disagrees with the divorce going ahead, they will soon be unable to contest/defend the divorce if they are doing so as a form of coercion or controlling behaviour. They can contest the divorce on the legal validity of the marriage, jurisdiction, fraud, coercion and procedural compliance. There is also the option for the respondent to the divorce filing for divorce too.

A minimum timeframe will be introduced for six months from petition stage to final divorce which is a timeframe that was non-existent previously and where parties could divorce sooner than six months. The meaning behind the introduction of the minimum timeframe is in order for the separated couple to ‘feel’ divorced at the stage of their Decree Nisi, and thereafter have a minimum of six weeks to really reflect upon whether a divorce is really what they want.

The purpose behind these new proposals is not to make divorce ‘easier’ but to afford the parties a better opportunity to resolve their issues and potentially reconcile as opposed to placing blame on the other. This will increase the chances of a more amicable ending and enable separating couples to resolve outstanding issues related to finances and/children matters in a more harmonious manner.

Justice Secretary David Gauke said:

‘Hostility and conflict between parents leave their mark on children and can damage their life chances. While we will always uphold the institution of marriage, it cannot be right that our outdated law creates or increases conflict between divorcing couples. So I have listened to calls for reform and firmly believe now is the right time to end this unnecessary blame game for good.’

Aidan Jones OBE, Chief Executive at relationship support charity, Relate said:

‘This much-needed change to the law is good news for divorcing couples and particularly for any children involved. The outdated fault-based divorce system led parting couples to apportion blame, often resulting in increased animosity and making it harder for ex-partners to develop positive relationships as co-parents.

As a large body of evidence shows, parental conflict is damaging to children’s wellbeing and chances in life, whether the parents are together or separated. It’s good that the government has listened and taken action on this, demonstrating commitment to reducing parental conflict.

While divorce isn’t a decision that people tend to take lightly, we do support the extension of the minimum timeframe which will allow more time to reflect, give things another go if appropriate, and access support such as relationship counselling or mediation.’

At present, it is unknown when the new proposals will be implemented however we will keep you informed via our website and social media platforms.

In the meanwhile, if you require any advice in relation to divorce or any other aspect of Family Law, please do not hesitate to email us at info@boselegal.co.uk or contact us via text/call on 07539 744144.

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A marriage can be either void or voidable if it is not valid.

A marriage that is void where;

• The parties are within the prohibited degrees of relationship i.e. if the parties are related by blood, half blood or affinity (relationships by marriage). Please contact us for more details if you are unsure
• Either party is under the age of sixteen
• The parties have disregarded certain requirements as to the formation of the marriage
• Where a polygamous marriage entered outside England and Wales, that either party was domiciled in England and Wales at the time of the marriage

If any of the above exists, then the court would treat this marriage as though it did not ever take place. It will therefore not be legally recognised as a valid marriage and you do not need to make an application to Court to annul the marriage.

A marriage is voidable where;

• There is incapacity to consummate the marriage by either party (contact us for more details on this given that a impotent husband or wife can petition for an annulment on the basis of their own impotence unless they were aware of it at the time of the marriage or where it is unjust, in all the circumstances, to force a nullity decree against the responding party’s wishes). Please note same-sex couples cannot use this ground.
• Where there has been wilful refusal to consummate the marriage
• Where there has been a lack of consent to enter into the marriage such as undue pressure/duress, mistake or unsoundness of mind or otherwise
• Where one of the parties had a form of mental disorder within the meaning of the Mental Health Act 1983 of such a kind or to such an extent as to be unfitted for marriage.
• Where one of the parties had a venereal disease (sexually transmitted disease) at the time of the marriage and was able to communicate this to their prospective spouse
• If one of the parties was pregnant at the time of the marriage by someone other than their prospective spouse
• If, after the time of the marriage, an Interim Gender Recognition Certificate was issued to either party provided the proceedings for an annulment took place within six months of the issue of the Interim Gender Recognition Certificate
• The respondent is a person whose gender at the time of the marriage had become the acquired gender under the GRA 2004. The petitioner must satisfy the court that they were ignorant of this fact at the time of the marriage. 
• A marriage which results from the conversion of a civil partnership is voidable if any of the following applied at the date at which the marriage is treated as having subsisted, in accordance with Section 9(6) of the Marriage (Same Sex Couples) Act 2013 (M(SSC)A 2013).

In the above circumstances, you would need to make an application to the Court to annul the marriage.

There is no requirement to wait for at least one year to petition for an annulment as there is with divorce, therefore you can commence an application within a year of marriage if you so wish. However, where you are relying upon the grounds of lack of consent, mental disorder, venereal disease, pregnancy or acquired gender, a petition must be presented within three years of the date of the marriage unless you have permission from the Court to commence proceedings after.

Where the ground relied upon is the issue of an interim gender recognition certificate under the Gender Recognition Act 2004 (GRA 2004) proceedings must be issued within six months of the issue of the certificate.

Where proceedings are commenced on the ground that at the time the Respondent was suffering from a mental disorder within the meaning of MeHA 1983 of such kind or to such an extent as to be unfitted for marriage, please contact us for advice on the restrictions on what you can do and what you are not permitted to do.

The overall procedure for applying for an annulment is very similar to the divorce procedure. The annulment petition can be found here. We suggest that if you are looking to commence these proceedings, you seek legal advice on the process from ourselves or from a family solicitor to avoid any issues and delay.

If you need further advice, please do not hesitate to contact us at info@boselegal.co.uk or text/call on 07539 744144.

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Our guide intends to show you what the various routes you can take in order to resolve financial matters are and what the Court takes into consideration when determining financial matters as a result of divorce proceedings.

Let’s start with the various routes first. Say you and your former spouse are going through or are intending to go through divorce proceedings. You have various financial matters that need resolving and you don’t know where to start.

Firstly, if you are able to discuss matters with your former spouse, and reach an agreement over matters this is very positive. After your Decree Nisi, it would be advisable for you to run through your agreement with your legal advisor in order to ensure the agreement reached is in your best interests. If it is, then either you and your former spouse or your solicitors can draft a consent order, reflecting the agreement made. The consent order can then be sent to the court in order to receive approval. Thereafter the agreement becomes legally binding.

If the agreement reached is not deemed to be in your best interests, you will have the option of attending mediation in an attempt to resolve the outstanding issues. Mediation is a non-confrontational method of dispute-resolution whereby you and your former spouse attend sessions with an independent and impartial mediator whose role is to assist you both in reaching an agreement on various matters. Mediation can be used for any purpose relating to outstanding issues concerning finances and children and is available to married and non-married couples.

Mediation is a pre-requisite for any court application for financial relief i.e. for any court application to resolve financial matters.

If mediation fails, then you have the option of either going through solicitors to resolve financial matters via a voluntary financial disclosure process or you can make a formal application to the Court.

In accordance with Section 25 of the Matrimonial Causes Act 1973, the Court will take the following into consideration when determining any application for financial relief;

– have regard to all the circumstances of the case, meaning it must look into all the relevant issues of every case;
– give first consideration to the welfare of any children of the family who have not yet attained the age of 18, this often means meeting the housing and income needs of the children of the family;
– the income, earning capacity, property and other financial resources that each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity that it would, in the opinion of the court, be reasonable to expect a party to the marriage to take steps to acquire;
– the financial needs, obligations and responsibilities that each of the parties to the marriage has or is likely to have in the foreseeable future;
– the standard of living enjoyed by the family before the breakdown of the marriage;
– the age of each party to the marriage and the duration of the marriage;
– any physical or mental disability of either of the parties to the marriage;
– the contributions that each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
– the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
– in the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit that, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

The Court also needs to consider whether a clean break order/provisions should be applied. A clean break order essentially prevents either side from making future financial claims against the other. The provisions applied vary depending upon the circumstances of your case.

The Court process is based upon full and frank financial disclosure from both parties and initially is based upon a financial statement called a Form E. The Form E is a form requesting information on your financial position. Both you and your former spouse have to complete this form and provide all supporting evidence at the beginning of your Court case and in accordance with a court timetable. Please click here to see a copy of what the Form E looks like.

If you require further information or advice on financial provision following a divorce, please contact us. We also have guides specific to various areas of Family Law which we can send to you if you wish.

You can contact us on info@boselegal.co.uk or 07539744144. We are here to help.

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If you are thinking of getting divorced and you have no idea where to start, here are some points you should be made aware of.

You need to be married for at least one year before you can commence divorce proceedings. To issue in England and Wales, your marriage does not have to have been registered in England and Wales but it does need to have been registered. Religious ceremonies for marriage without any registration will not be accepted by the Court of England and Wales.

You do not need to be living apart to commence divorce proceedings. Many people believe they have to physically separate before they can start divorce proceedings however this is not the case. If you are living under the same roof, you will need to lead separate lives as far as possible to demonstrate to the Court that you are not living as a married couple. Therefore, eating together, sleeping in the same room, doing each other’s laundry are all examples of a couple who continue to live together as husband and wife. This will not be accepted by the court so bear this in mind when separating and continuing to live under the same roof.

You will need to decide who is the Petitioner and who is the Respondent. The Petitioner is the one who starts the divorce process and essentially, is divorcing the other spouse. The Petitioner will need to confirm that the marriage has irretrievably broken down because this forms the ground for the divorce. Furthermore, the Petitioner must also choose one of five grounds to divorce upon. Those five grounds are as follows;

a) Unreasonable behaviour
b) Two Years Separation With Consent
c) Desertion
d) Adultery
e) Five Years Separation Without Consent

If you need further advice on which fact to choose, please feel free to contact us for advice.

The Petitioner needs to complete a divorce petition which can be downloaded from www.justice.gov.uk. Once the petition has been completed, signed and dated, it must be lodged at the divorce centre most local to you, in triplicate (three copies). Three copies are required because one copy is retained by the divorce centre/Court, one copy is sent to you and one copy is sent to your spouse, after the Court have allocated the case a case number and sealed the application for divorce with a Court stamp. If you are unsure as to which divorce centre you should send your application for divorce to, please contact us and we can assist you.

A Court fee is also payable which is currently £550.00. This is a one-off fee that you will pay unless interim applications are required and/or your application for divorce is defended by your spouse.

Your spouse will receive a copy of the petition together with a form they will need to complete and return to the Court. This form is called an Acknowledgement of Service form i.e. acknowledging service (receipt) of the divorce papers. In this form, they will confirm if they are the named Respondent, the date and address at which they received the form, whether they intend to defend the divorce application and if you have asked your spouse to pay for your costs (legal fees and court fees) then your spouse will be able to confirm if they agree to pay your costs or not.

Once the form has been sent back to the court, the court will then stamp this with their Court seal and send the form onto you. You then use this form to form part of your application for the conditional divorce, otherwise known as the Decree Nisi.

You will then receive notification from the Court to confirm when your Decree Nisi will be pronounced or the Court may ask you more questions about the information you have stated in your application if they are not fully satisfied that you are entitled to a divorce. Examples could be for instance that you continue to share your daily tasks living under the same roof.

Once your Decree Nisi has been pronounced, you will receive a certificate of entitlement to a Decree Nisi in the post. Six weeks and one day after the date of the Decree Nisi, you can apply for your Decree Absolute which is the certificate which officially confirms you are divorced. Before doing so, it is advisable to seek legal advice to address any outstanding children and/or financial matters.

In the event that your spouse does not return the Acknowledgement of Service Form to the Court, you will need to prove to the Court that they have received the papers by way of an interim application. Please contact us for more advice on this given that different strategies will apply depending upon the circumstances. Please ensure you retain any records of confirmation from your spouse confirming they have received the divorce papers because this can be used to support your interim application for your divorce to continue without their involvement.

If you would like further advice, please do not hesitate to email us at info@boselegal.co.uk or call us on 07539 744144.

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