- Length of marriage
- Whether each party is working
- The age of the parties
- Who is looking after any children of the marriage
- Whether both parties can manage financially without spousal maintenance.
- The capital and income resources available to the parties, either existing or reasonably foreseeable.
- Details of the financial needs of the parties, taking into account:
- their standard of living;
- their ages and the length of the marriage; and
- any disabilities.
- The court also considers the following additional factors:
- the respective contributions of each party to the marriage;
- the conduct of each party (although only in exceptional cases); and
- any benefit either party will lose as a result of the divorce (such as a spouse’s pension).
Under the new divorce law, you could make a sole or a joint application for the divorce. This would depend upon your personal circumstances.
In order to complete the divorce application (whether online or by paper application), you will need the original marriage certificate. If you do not have a copy, you will need to obtain a copy from the register office.
There is also a court fee of £593 payable on the submission of the application.
There is a 20-week reflection period between the start of proceedings (when the court issues the application) and when the Applicant may apply for a conditional order. During this period, the Respondent will need to complete an acknowledgement of service.
Once the 20-week reflection period of over, an Applicant can apply for the conditional order. Once you have submitted the application, the court will consider your application and if they are satisfied, they will provide you with a date on which the conditional order will be pronounced. Once the conditional order has been pronounced, you are free to apply for the final order of divorce after 6 weeks.
It will then be up to you to apply for the conditional order and final order of divorce when the time comes.
You would both have to apply for the conditional order and final order of divorce together when the time comes. If you find yourself in a situation where there is a further deterioration of the relationship and are unable to continue with a joint application, one of you could give notice to the other of your intention to change the application from joint to sole. Once the necessary notice period has ended, the party giving notice can apply for the conditional order or final order of divorce on a sole basis. Please note that the change can only happen at the conditional order or final order stage.
There are only two stages of the separation which is the initial application and the application for a judicial separation order. There is no final order as this would terminate your marriage.
There may be other options available depending on circumstances. It may be best to get advice from one of our solicitors to discuss alternative options.
- There is a dispute of jurisdiction of the court in England and Wales. For example, where neither of you lives in or has any connection with England and Wales.
- There is a dispute as to the validity of the marriage or civil partnership. For example, if you did not enter into a legally valid marriage or the marriage has already legally ended in another country.
If you wish to seek your costs, it may be best to agree this in correspondence with your spouse at the earliest opportunity.
- The agreement must be contractually valid, entered into freely and willingly by both parties.
- The agreement must be entered into by a formal deed which sets out that the parties understand that it is enforceable and may be upheld by the courts if they are asked to make a financial order.
- The agreement must be finalised and signed by both parties at least 28 days prior to the marriage.
- Both parties must have given and received all material information about their respective financial situation to one another prior to the agreement being signed.
- Both parties must have legal advice on the agreement at the time the agreement was drawn up.
- The agreement terms must not adversely affect the reasonable needs of any children.