It is anticipated that when the new “no fault divorce” comes into effect (expected April 2022) that the divorce process will become much simpler with both spouses able to jointly apply for the divorce. We are still waiting for detailed guidance as to what the exact process will be which is expected in advance of April 2022.
For those who may not wish to wait for the changes, the current divorce process is quite simple and almost all new petitions are issued online as follows:
- One spouse (Petitioner) completes the online petition.
- The other spouse (Respondent) completes the Acknowledgement of Service and returns it to the court.
- The Petitioner completes a statement in support and application for Decree Nisi.
- The court lists the pronouncement of the Decree Nisi (no-one has to attend court).
- The Decree Nisi is pronounced (this is the penultimate stage of the divorce and the point from which financial orders can be made).
- The Petitioner can apply for the Decree Absolute (after a period of 6 weeks and 1 day) – applying for the Decree Absolute terminates your marriage.
It is important to try and resolve finances before terminating the marriage and people are encouraged to seek independent legal advice regarding financial matters at the time they consider issuing divorce proceedings, to understand their rights and responsibilities.
If you would like further advice regarding divorce or financial matters, we have divorce experts at each of our offices who would be happy to speak to you and discuss your situation in more detail. Please contact your local office to arrange an appointment:
Oxford: 01865 31133
Swindon: 01793 610466
Witney: 01993 705095
Banbury: 01295 265566
