Divorce is a significant legal event that affects many families in the UK. In 2022, there were 80,057 divorces granted in England and Wales, marking the lowest number since 1971. However, the introduction of the no-fault divorce law saw 28,865 applications made between January to March 2023.
This article explores the legal implications of divorce, highlighting its substantial impact on financial assets, child custody, and other important matters.
Applying for divorce
If you’re looking to leave your marriage, you must file for a divorce application, stating that the relationship has irretrievably broken down. Applications can be made jointly by both parties or individually by one spouse.
Once the application has been submitted, the court will review it. If satisfied, they will issue a conditional order, followed by a final order to formally end the marriage.
What happens during and after divorce
During a divorce, it is advised to seek support from a specialist family law solicitor who can provide legal guidance and represent your interests. The process involves negotiations and legal proceedings to resolve issues such as financial settlements, child custody, and property division.
After the divorce is finalised, both parties must adhere to the terms set out in the divorce order. This includes complying with custody arrangements and financial settlements. It is also possible to revisit these agreements if circumstances change significantly, but this requires further proceedings.
While divorce involves a lengthy legal process, it is also an emotional journey that affects everyone involved. The psychological impact can be profound, often leading to stress, anxiety and depression. It is so important for both adults and children to seek emotional support during this time.
Financial assets
One of the most controversial aspects of divorce is the division of financial assets. This includes savings, property, debts, and pensions.
The family home is often the most significant asset. The court can order the property to be sold and the proceeds divided, one spouse may buy out the other’s share, or the property may be transferred to one spouse while the other receives a different asset to balance the division.
The court aims to divide assets fairly, taking into account factors such as the length of the marriage, the needs of each party, and their contributions to the marriage. Financial settlements can be agreed upon amicably or through court intervention if disputes arise.
Child custody agreements
The court prioritises the welfare of any children involved, aiming to ensure stability and continuity in their lives.
Custody arrangements can include joint custody, where both parents share responsibilities, or sole custody, where one parent has primary responsibility.
The court encourages parents to reach amicable agreements, but if this is not possible, it will impose arrangements based on the best interests of the children.
