Divorce Papers

Our family law solicitors understand that going through a divorce can seem like a daunting process. Our specialists are on hand to support you by providing the legal advice to help you obtain a divorce and to resolve the parenting arrangements for your children and reach a financial settlement.

Initial Discussion

This summary provides general information and does not constitute legal advice on any individual circumstances.

For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134 or email us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.

What Are Divorce Papers?

‘Divorce papers’, also known as the ‘divorce application’, will need to be completed and submitted to the court by the person or persons starting the divorce proceedings. This could be either yourself or your spouse or you can make a joint application.

Unless you are filing a joint divorce application, the person filing for the divorce is known as the applicant, and the person who receives the divorce application is known as the respondent.

The divorce papers are key important documents used in a divorce and they will need to include details about you, your spouse, and your marriage.

No-Fault Divorce Proceedings

In the divorce papers, you need to say that your marriage has irretrievably broken down, but you do not need to explain why you are separating from your spouse and getting divorced. That’s because the Government introduced “no-fault” divorce in 2022.

Under the new rules, you should not refer to your husband or wife’s adultery or unreasonable behaviour if that has been the case. As the divorce papers do not explain the reasons for the breakdown of the marriage it is harder for a respondent to the divorce application to oppose the divorce other than in unusual circumstances.

What Happens After Divorce Papers Are Signed

In no-fault divorce proceedings, you will not need to go to court to obtain your divorce but the steps you need to take will depend on whether you are making a joint application with your husband or wife or if you are the applicant or the respondent.

If you are the applicant/s you will need to file an application saying you want to go ahead with the divorce. Unless your circumstances are very unusual, you cannot file this application until at least 20 weeks have elapsed from the date you first filed the divorce papers with the court.

The court will then make a Conditional Order (this used to be called the decree nisi of divorce). After a wait of a further 6 weeks, the applicant/s can apply for the Final Order. The Final Order used to be called the decree absolute and it ends the marriage and finalises the divorce proceedings.

You, therefore, need to expect your divorce to take at least 6 months.

Divorce Papers and Financial Settlements

It is a common misconception that financial matters are concluded within the divorce. Financial matters are a separate issue that will need to be resolved either by you reaching a financial agreement and submitting an agreed financial court order for a judge to approve or by one of you starting financial proceedings.

If you are looking to apply for a divorce or to resolve financial matters or child arrangements, it is important to seek expert legal advice from specialist family law solicitors.

Without resolving your finances after a divorce you may still have financial ties with your former partner which could allow one of you to make a claim against the other’s assets in the future.