Myths of the Quicky Divorce

The Quick Divorce 

The notion of a "quick divorce" is often misunderstood.  Many believe that a divorce can be finalised swiftly, but the reality is more complex. Here are some common myths:

1. Myth: Divorce Can Be Instantaneous
   Many assume that a divorce can be completed in a matter of weeks. However, even with the new no-fault divorce law, there are mandatory waiting periods that must be observed. The process involves several stages, including the filing of a divorce application, a 20-week reflection period, and a further 6-week wait after the Conditional Order before the Final Order can be applied for.

2. Myth: No-Fault Divorce Means No Delays
   While the no-fault divorce process is designed to reduce conflict, it does not eliminate the time required for legal proceedings. The 20-week period between the application and the Conditional Order is intended to allow for reflection and planning, not to expedite the process.

3. Myth: Legal Representation is Unnecessary
   Some believe that the simplicity of the no-fault process negates the need for legal advice. However, legal guidance is crucial, especially when dealing with financial settlements and child arrangements.

The No-Fault Divorce Process

The Divorce, Dissolution and Separation Act 2020 introduced significant changes to the divorce process in England and Wales, effective from April 2022. Here’s how it works:

• Application: Either or both parties can apply for a divorce and advice should be taken on which is most suitable for your circumstances. The application will state that the marriage has irretrievably broken down. There is no need to prove fault or wrongdoing.
• Reflection Period: A minimum of 20 weeks must pass from the start of proceedings before applying for a Conditional Order. This period allows for potential reconciliation, reflection and/or initiating discussions on how your matrimonial finances will be divided between you and getting financial remedy negotiations underway.
• Conditional Order: After the reflection period, the court issues a Conditional Order if there are no reasons to prevent the divorce.
• Final Order: Six weeks and one day after the Conditional Order, the applicant can apply for the Final Order, which legally ends the marriage. That period is the earliest that it can be applied for but often it will be delayed until a financial remedy agreement is reached or sealed for numerous reasons, one being pensions.

Court Fees

The court fee for applying for a divorce in England is currently £593. If you are of limited means the court fee can be reduced by way of an application. The court fee covers the entire process from application to the Final Order. There may be additional costs if legal representation is involved or if there are disputes over financial settlements or child arrangements. 

Beware of adverts online suggesting that you can get a divorce in weeks for a cut down cost! Always read the small print!

How Needs Can Help a Case

Understanding the needs of both parties can significantly impact the outcome of a divorce case. Needs can influence:

• Financial Settlements: Courts consider the needs of both parties, including housing, income, and lifestyle, when determining financial settlements.
• Child Arrangements: The needs of any children involved are paramount. Arrangements must reflect the best interests of the children, considering their emotional and physical needs.
• Mediation and Negotiation: Recognising and addressing the needs of both parties can facilitate mediation and negotiation, potentially avoiding lengthy court battles that are not only expensive but extremely stressful at times and emotionally challenging for the couple and their family.

Conclusion

While the no-fault divorce process simplifies the legal requirements, it does not necessarily speed up the process. Understanding the myths and realities of divorce, along with the legal framework, can help manage expectations and lead to more amicable resolutions to reduce the waves ahead.