Divorce Process

Understanding the divorce process before you begin can make the whole experience feel far less daunting, because much of the anxiety people feel comes from not knowing what to expect. This article walks you through the divorce process, from the decision to separate to the point where everything is finally resolved, explaining each stage in order.

If you are going through a divorce and need specialist legal advice and support, contact the supportive and experienced team at Birch & Co today. You can call us on 0191 284 5030 or complete a Free Online Enquiry to receive a clear, fixed price estimate for your matter.

Reach out to Birch & Co’s specialist and supportive team today. Call us on 0191 284 5030 or complete a Free Online Enquiry now to get a bespoke fixed price estimate.

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What Is The First Step In The Divorce Process?

The process starts with an application to the court confirming that the marriage has irretrievably broken down. No reasons need to be given, and neither party has to make any accusation against the other. The application can be made by one spouse alone or by both together as a joint application, and it asks for basic details of the marriage, together with your marriage certificate.

Many people find it helpful to take advice before making the application. Getting guidance early tends to make the process simpler, because it helps you avoid steps that are difficult to undo.

How Long Does The Divorce Process Take?

The timetable has two built-in waiting periods that you cannot avoid. After the application has been issued, there is a minimum of twenty weeks before you can apply for the conditional order, which is the order confirming that you are entitled to a divorce. This period is intended to give both parties time to reflect and to begin dealing with the practical matters between them.

Once the conditional order is granted, a further six weeks and a day must pass before you can apply for the final order, which is the document that actually ends the marriage. In practice, a divorce rarely takes less than around six months from start to finish, and it often takes longer where the finances or child arrangements are still being sorted out.

What Happens To The Couple’s Money And Property?

This is the part of the process that surprises people most, because the documents that end the marriage say nothing about money or other assets. Property, savings, pensions, debts, income, and business interests are dealt with separately, and unless a financial order is made, the financial claims that spouses have against one another can remain open long after the divorce itself is complete.

Sorting the finances relies on full and honest disclosure from both sides, which means gathering bank statements, mortgage details, property valuations, pension statements, payslips and, where relevant, business accounts.

Once an agreement is reached, it is recorded in a consent order and submitted to the court, and it is the court’s approval that makes the arrangement binding. This is why it is usually wise to hold back the final order until the finances are settled, since certain rights connected to the marriage can be affected once it is legally over.

What About Arrangements For The Children?

Where there are children, deciding where they will live and how they will spend time with each parent runs alongside the divorce rather than being part of it. In most families these arrangements are agreed between the parents, often with the help of solicitors or mediation, and there is no need to involve the court at all.

The guiding principle throughout is what is best for the children rather than what either parent would prefer, and arrangements that parents reach themselves tend to work better and last longer than those imposed after a dispute. Where agreement genuinely cannot be reached, the court can decide, but this is very much a last resort.

How Birch & Co Guides You Through The Divorce Process

We guide clients through the divorce process from beginning to end. From the initial application, through the two waiting periods, to the final order, we support you at every step, making sure that you always know what is coming next.

With extensive experience of the courts across the Northeast, we can tell you early on what your particular process is likely to involve and roughly how long it should take, and we will be on hand to answer any questions.

Speak to Birch & Co

If you are at the beginning of the divorce process, or partway through and unsure what comes next, our family law team are on hand to assist.