Divorce is often a challenging and emotional experience, but understanding the legal process may help it to feel more manageable.
As well as legal concerns, the journey through a divorce involves financial and personal steps that require careful planning. Knowing what to expect at each stage could reduce stress and make a difficult time that little bit easier.
What Does the Divorce Process from Start to Finish Involve?
Starting the Divorce Process
Once a decision to end a marriage has been made (and so long as both spouses are in agreement), a couple can jointly apply for a divorce by submitting an application to the court stating that the marriage has “irretrievably broken down.”
Under the new “no-fault” system, which was introduced in April 2022, a spouse can still apply for a divorce on their own, but the process and terminology has changed. When submitting a sole application, a spouse is no longer required (or allowed) to allege fault or give reasons for the breakdown of the marriage.
Consulting family law solicitors can help to protect your rights when applying for a divorce and provide guidance on how to navigate complex legal requirements.
Child Custody and Support
If children are involved, arrangements for the childcare and support become a key part of the divorce process. Every child reacts differently to a divorce, they may be scared, confused, or angry, for example. Courts, when involved, focus on the best interests of the children, considering their stability, schooling, and emotional wellbeing.
Parents are encouraged to agree on custody and visitation arrangements outside of court, but if an agreement can’t be reached, the court will make a decision based on evidence and recommendations from social workers, psychologists, or court-appointed family solicitors.
Child support is calculated based on income, the needs of the children, and the parenting arrangements. It’s designed so that both parents contribute fairly to the children’s upbringing.
These discussions can be sensitive, but careful planning and negotiation can help achieve arrangements that work for everyone involved.
Dividing Property and Assets
Dividing property, assets, and debts can be one of the most complex parts of divorce. Courts usually aim for a fair division based on contributions made by each spouse, the length of the marriage, and future financial needs. Some assets may be divided equally; others might require detailed valuation and negotiation.
Family law solicitors can help at this stage by helping to identify all assets, ensuring accurate valuations, and advising on fair settlement proposals. Reaching an agreement outside of court can save time, reduce conflict and lower legal costs. However, some situations may require court intervention if disputes cannot be resolved.
Spousal Maintenance
Spousal maintenance may be awarded to one spouse depending on the circumstances of the marriage and divorce. Factors considered include the length of the marriage, income disparity between spouses, and each person’s ability to support themselves post-divorce.
Support can be temporary or permanent depending on the situation and may be adjusted if financial circumstances change. Negotiating spousal support can be difficult without professional guidance.
Legal advice ensures that agreements are fair and enforceable, and that both parties understand their obligations. Courts may step in if an agreement can’t be reached, considering both short-term needs and long-term financial security.
Filing Court Documents and Attending Hearings
Throughout a divorce, various documents must be filed, including financial statements, custody proposals, and settlement agreements. Failure to submit accurate or timely documents can delay the process or affect outcomes.
If necessary, both parties may also attend hearings where judges review evidence, resolve disputes, and approve agreements.
Even if a divorce seems straightforward, the court process can be intricate. Having professional support ensures that all requirements are met. In some cases, mediation is used to settle disputes before reaching a courtroom decision.
Finalising the Divorce
The final step in the divorce process is the final order, which is a legal document that officially ends the marriage. It may include orders related to property division, child custody, and support.
It is important to follow any court orders precisely and maintain records of agreements and payments. If circumstances change, modifications may be possible, but these typically require returning to court.
Moving Forward After Divorce
While divorce marks the end of one chapter, it is also the beginning of another. Planning for the future involves adjusting to new living arrangements, managing finances independently, and rebuilding routines. Emotional support from family, friends, or a counsellor can be helpful during the transition.
A Healthline article, medically reviewed by Janet Brito, Ph.D., emphasises the importance of socialising, whether through volunteering, inviting a co-worker to a weekend walk, taking a class in art, music, cooking or exercise, or joining a divorce support group.
