Divorce is the 2nd most stressful life event you may experience outside the loss of a loved one.
I often get asked as a Divorce coach what are the steps.
Although I do not give legal advice, I find it very helpful for my clients, for them to have a basic understanding from me of the process.
It is often the fear of the legal process that can hold you back, it’s the fear of the unknown, and this is where I can help you.
This is why I believe that informing my clients of the process, dials down the negative emotions and gives you clarity to move forward.
As a coach I can then provide you with the support and strategies to manage the stress that will be attached.
So here goes!
The Divorce process follows 4 legal stages:
1.Divorce Application
2. Conditional Order
3. Financial remedy order
4. Final order
Step 1: Divorce Application
This is the first step to apply for a divorce or resolution of a civil partnership.
This can be done jointly or just you.
To ensure you are eligible , you must have been married for a year and have a copy of your marriage certificate.
You will need to complete the required paperwork and provide the postal address for you ex.
Once this application is submitted , there is a mandatory 20-week reflection period before the divorce can progress.
Step 2: Conditional Order
After this 20-week period , you can then apply for a conditional order, also known as the ‘decree nisi.
If you have applied for your divorce together , both of you need to approve the application at this stage.
If you are the respondent, you will need to acknowledge receipt of the divorce application and respond accordingly.
In April 2022, the introduction of the no-fault divorce was introduced, and this has simplified the process, reducing the grounds for contestation to a few specific circumstances e.g. legality of the marriage or jurisdiction issues.
Step 3: Financial Remedy order ( optional)
Although this is not mandatory , its highly
recommended to consider ending the financial aspect of your marriage through a financial remedy order, otherwise known as a consent order, if both parties agree.
To have this in place ensures a clean break financially, therefore protecting you both form any future financial claims.
It’s important to do this even if you have no assets to split at the time of divorce, as it prevents future potential claims.
The professional drafting of a legal binding consent order is worth considering.
Step 4: Final Order
Six weeks and one day after the conditional order, you can then apply for the final order ( decree absolute).
This means that the marriage or civil partnership has officially ended, and you are then free to remarry if you wish.
It is advisable to wait until the financial matters are resolved before applying for the final order, as your divorce will affect your legal rights and responsibilities, particularly with pensions and wills.
I hope this basic outline of the divorce process will help you to understand the steps.
Having this information will give you more clarity moving forward, and this will help you feel in control and dial down the fear of the unknown.
Remember as an Accredited Breakup and Divorce coach and Master practitioner I’m here to help you manage those negative emotions and give you practical guidance to help you feel calm, confident and in control.
If you need signposting to a legal representative, I can help you.
The lawyers I work with I have personally met, to ensure they share the same values as me ,in our approach to or clients.
Why not book a free discovery call via my Calendly link on my website, and let’s start your journey together?
I look forward to meeting you
Sarah x
Comments