Author: Mark Reynolds

Need support or guidance with the divorce process? At Mark Reynolds Solicitors, our team of family law experts has helped countless couples successfully navigate the complexities of divorce to reach fair and amicable outcomes. Below, we’ve answered some of the most common questions that we get asked about no-fault divorces. If you still can’t find the answer to your question, get in touch with our team of family law solicitors by calling 0800 002 9577 for personalised advice.

What is no-fault divorce?

No-fault divorce is a legal process in England and Wales that allows couples to get divorced without having to place blame or prove wrongdoing. Instead, couples only need to confirm that their marriage has irretrievably broken down. No-fault divorces were introduced in 2022 to reduce conflict between separating couples.

Who can get a no-fault divorce?

Anyone in England or Wales can get a no-fault divorce, providing they meet the following criteria:

• They’ve been married for over a year.
• Their relationship has permanently broken down.
• Their marriage is legally recognised in the UK.

How does the no-fault divorce process work?

To begin the process, you must first complete a no-fault divorce application to give notice that your marriage has irretrievably broken down. You can do this on your own, or you can submit a joint application with your spouse. After a 20-week reflection period, you can apply for a conditional order. After the conditional order has been granted, a 43-day cooling-off period begins. After this time, you can apply for a final order. Once the final order has been approved, you will be legally divorced.

What documents do I need to provide when applying for a no-fault divorce?

To make a no-fault divorce application, all you need is your and your spouse’s full name and address, your original marriage certificate or a certified copy, and proof of your name change if you’ve changed it since you got married.

How long does a no-fault divorce take?

From start to end, a no-fault divorce usually takes a minimum of six months. However, every divorce is different, and your no-fault divorce timeline will depend on your individual circumstances and the complexity of your case.

How much does a no-fault divorce cost?

The court fee for filing a divorce application in England and Wales is currently £593. Additional costs may include legal fees, mediation fees, or expenses related to financial and childcare arrangements.

Can I apply for a no-fault divorce if my spouse doesn’t agree?

Yes, you can apply for a divorce even if your spouse doesn’t agree. To do so, simply file a sole application for divorce.

What happens if my spouse doesn’t respond to the divorce application?

Under no-fault divorce law, your spouse cannot prevent the divorce from going ahead just because they don’t agree. If they fail to respond within 14 days of receiving the divorce petition, you can either ask the court bailiff to serve them personally or apply to the court for deemed service. This is where you ask the court to accept that they have received the petition even though they haven’t acknowledged it.

Are there any alternatives to no-fault divorce?

If you haven’t yet been married a year or don’t want to get a divorce for religious or personal reasons, then a judicial separation is sometimes used as an alternative to divorce. This ends your relationship formally but not legally.

Will a no-fault divorce impact financial arrangements or child custody?

The no-fault divorce process does not decide financial arrangements or child custody. These matters are handled separately through negotiation, mediation, or the courts. We recommend that you make a financial order to agree on how money, marital assets, and child maintenance costs will be split. This can help to provide both parties with clarity and prevent future disputes.

Do I need a solicitor for a no-fault divorce?

You are not legally required to have a solicitor for a no-fault divorce, but it is strongly advised! A specialist family law solicitor can provide you with legal guidance and support, keep the process moving along quickly, and ensure the best outcome for you and your family.

What should I take into consideration when going through a no-fault divorce?

When going through a no-fault divorce, it’s important to consider how the divorce will affect your finances, living arrangements, and any shared responsibilities, especially if you have children. Where possible, it’s always preferable to come to an agreement over these matters amicably outside of court, as going to court can be expensive and stressful and can mean the final decision is out of your hands.

Can a no-fault divorce be contested?

No. Under no-fault divorces, the right to contest a divorce has been removed.

Can I get a no-fault divorce in England if I got married in a different country?

You can get a no-fault divorce in England, even if you got married abroad, providing you meet the requirements for the divorce to be recognised by the UK courts, as stated below.

• You have a valid marriage certificate. (If your marriage certificate is not in English, you will need to obtain a certified translation of it.)
• Your marriage is valid under UK law.
• Typically, you must also meet residency requirements.

Need guidance on no-fault divorce? Speak to our family law experts at Mark Reynolds Solicitors.

At Mark Reynolds, our team of family law solicitors provide personalised and compassionate legal advice and support to couples navigating the no-fault divorce process.

We appreciate that separating from a partner can be a messy and emotional process, especially when children are involved. We provide sympathetic and straightforward legal advice and services that aim to make a difficult process that much easier.

Contact our team today to arrange a free, no-obligation consultation.

In family law, it is sometimes necessary for the court to take action to regulate a person’s behaviour – whether that’s to compel them to act or refrain from acting in a certain way.

To achieve this, the court relies on two key mechanisms: orders and undertakings. While the two are very similar, there are some differences in how they are issued and the consequences of breaching them.

In this article, we’ll define both an order and an undertaking in family law and explain the main differences between the two.

What is an order in family law?

In family law, an order is a ruling issued by a judge. Orders usually require an individual to do or refrain from doing a specific action.

Court orders are legally binding and enforceable by law, meaning that it is a criminal offence to breach one. Those found guilty of breaching a court order could find themselves facing arrest and prosecution.

Examples of family law orders include:

• Non-molestation orders: Protects an individual from harassment or abuse by prohibiting certain behaviours.
• Occupation orders: Determines who can live in the family home or enter the surrounding area. Typically used to ensure the safety of individuals during domestic violence cases.
• Child arrangement orders: Specifies where a child will live and how much time they will spend with each parent.
• Prohibited steps orders: Prevents a parent from taking certain actions without the court’s consent (e.g. Relocating a child to another country).
• Financial orders: Stipulates how assets, spousal and child maintenance will be divided following a divorce or separation.
• Restraining orders: Prevents a person from contacting or approaching another individual.

What is an undertaking in family law?

So, what is an undertaking?

An undertaking in law, is a voluntary promise made to the court by an individual committing to act or abstain from acting in a certain way. Undertakings are often made during legal proceedings concerning domestic violence, child custody, and divorce.

You may be wondering, if it’s a voluntary promise, is an undertaking legally binding? The answer is yes, undertakings are legally binding. However, breaching one is not a criminal offence, and a person cannot be arrested for it.

Examples of the types of undertakings that are made in family law include:

• Not to contact a former partner.
• To vacate the family home by a certain date.
• To comply with child arrangements.
• To pay financial support.
• Not to take a child abroad without court permission.

What is the difference between an order and an undertaking?

Court orders and undertakings are both legally binding, are used in similar circumstances, and have similar effects. The difference between the two lies in how they are issued and the consequences of breaching them.

When an order is issued, it is imposed by the court without an individual’s consent. In comparison, an undertaking is made to the court voluntarily by an individual.

If an individual breaches an order that has been imposed on them by the court, it is a criminal offence, and they risk arrest and prosecution. In contrast, breaching an undertaking is not a criminal offence, and you cannot be arrested for it. However, there are still consequences for being in breach of an undertaking. Individuals who do so could be fined or receive a prison sentence for contempt of court.

Navigating court orders and undertakings with Mark Reynolds Solicitors

At Mark Reynolds Solicitors, our team of specialist family law solicitors have helped countless families in the North West to resolve disputes amicably.

If you need legal support or advice regarding obtaining a family law court order or undertaking, or advice on any family law matter, contact us today for a free consultation.

Getting a divorce marks the end of one chapter in your life and the dawn of a new one.

Everyone feels differently about turning the page and starting afresh. Some people may be excited for a new start, whilst others may feel fear, sadness, or a profound sense of loss. Whatever you feel is valid, it’s important to give yourself time and space to get to grips with the new direction your life is taking.

Starting divorce proceedings is the first step towards your new future. It’s a big step to take and one that can seem complex at first. However, with the right advice and support, it needn’t be overwhelming.

Here at Mark Reynolds Family Law Solicitors, we understand that this is a challenging time, and we’re here to make the divorce process as smooth and straightforward as possible.

We’ve created this useful guide to the UK divorce process to provide practical support every step of the way. If you need any further help or advice with the process of divorce in England, don’t hesitate to get in touch with our team of expert divorce solicitors, and we’ll be happy to help.

How does the divorce process work in the UK?

So, how does divorce work?

Divorce is a legal process that formally ends a marriage after it has irretrievably broken down.

It’s important to note that divorce laws in Scotland and Northern Ireland differ slightly, so it’s advisable to seek advice specific to your location if you’re outside England and Wales.

In England and Wales, you must file for a divorce and then follow a set legal process to obtain a final order (decree absolute), which will finalise your divorce.

You can only get a divorce after you have been married for at least one year. If you haven’t yet been married for a year, you will need to apply for a judicial separation instead.

The key stages of divorce include filing a divorce application, securing necessary court orders, and making financial or childcare arrangements.

The new divorce process explained

In 2022, the divorce process in England and Wales became a lot simpler due to the introduction of no-fault divorces.

Since no-fault divorces were introduced, couples are no longer required to prove blame or fault to get a divorce. Now that there is no need to provide a specific reason for the breakdown of a marriage, the process instead focuses on reaching a fair outcome and formally ending the relationship.

The new system has helped to reduce conflict and makes divorce proceedings more straightforward.

The divorce process UK step-by-step guide

If you’re wondering how to start divorce proceedings, we’ve created a step-by-step guide to help you through the process and let you know what to expect. The new system makes divorce primarily an administrative process. The divorce timeline can be roughly divided into the following eight stages.

1. Start a divorce application

You can either make a joint application for divorce or apply on your own. The application can be made online through the .gov website or by post and costs £593. The fee is usually paid by the person making the application.

• Acknowledgement of service

After you submit your application, it is sent to the court. If you applied for the divorce on your own, your partner is then sent a copy of the divorce papers and an acknowledgement of service (AOS). They then have 14 days to respond to the notice by either accepting or disputing the application.

When the divorce proceedings start, a mandatory 20-week reflection period begins. This period gives the couple time to reflect on whether divorce is definitely what they want, and if so, agree on practical arrangements about how assets will be divided and children will be cared for.

• Application for a conditional order

After 20 weeks have passed, you can apply for a conditional order (previously known as a Decree Nisi). A conditional order is a document that confirms that the court has granted you permission to divorce. If you made your divorce application online, you can apply for a conditional order online too.

• The court reviews your application

The court will now review your application to ensure that all requirements have been met; this step can take several weeks.

• The court grants a conditional order

If the court finds no reason to prevent the divorce, it will then send you a conditional order certificate. The certificate will state the time and date that you’ll be granted a conditional order. After the conditional order has been granted, a 43-day (6 weeks and 1 day) cooling-off period begins.

• Application for a financial order

Once you have your conditional order, you can apply to the court to approve your financial order. A financial order is a legal document that lays out how your money and other marital assets are to be split and the cost of child maintenance. This stage is not mandatory but is highly recommended as it helps to ensure clarity and prevent future disputes.

• Application for final order

Once the 6-week and 1-day cooling-off period has passed, you can apply for the final order (decree absolute). This final step usually only takes 24-48 hours to complete.

• Court approves final order

The court will now check that the time limits have been met and that there are no other reasons not to grant the divorce. Once the final order has been approved, you will both be sent official documents confirming that your marriage has been legally dissolved. You are now legally divorced and free to marry again if you wish.

Sorting your finances following a divorce

One of the most important aspects of getting a divorce is reaching an agreement about how financial matters will be resolved and assets split. This is usually done using a legally binding agreement to prevent disputes and financial claims in the future.

The first step is to sit down and identify assets, debts, and ongoing financial responsibilities. An agreement must then be reached about how assets and debts will be split and ongoing financial responsibilities like spousal or child maintenance will be covered. This can either be done by direct negotiation or with the help of mediation or solicitors.

If an agreement cannot be reached, then a court application may be necessary, where a judge makes the final decision. It is usually preferable to decide between yourselves rather than letting it go to court, as court proceedings can be time-consuming, costly, and emotionally draining for both parties. Additionally, reaching an agreement together gives you more control over the outcome.

Common questions about getting divorced

How long does the process take?

On average, you can expect getting a divorce to take 6 – 12 months, depending on how long it takes for an agreement to be reached and how complex your case is.

Can my spouse prevent divorce proceedings from going ahead?

Although it is possible to dispute a divorce application, one can only be stopped for one of the following three valid reasons:

• The marriage or civil partnership was never valid  
• You have already ended your marriage or civil partnership through divorce dissolution 
• The court does not have the legal jurisdiction to consider the divorce 

You cannot prevent a divorce from going through simply because you don’t want to get divorced.

What information do I need to make an application for divorce?

You will need the following information to complete a divorce application.

• Your full name and address.
• Your spouse’s full name and address.
• Your original marriage certificate or a certified copy.
• Proof of your name change if you’ve changed it since getting married.

Can I get help paying the divorce application fee?

You may be eligible for help paying the divorce application fee if you are on benefits or have a low income.

What happens if my spouse doesn’t respond to the divorce application?

If your spouse doesn’t respond to the divorce application within the required time frame, you can still proceed by applying to the court for a default divorce. This involves proving that they have received the documents and asking the court to move forward without their input.

Do I need to go to court to get divorced?

You do not usually need to go to court to get a divorce. However, you may need to do so if you’re unable to agree on financial or childcare arrangements.

Get help applying for a divorce

Getting a divorce can be an emotionally fraught process, which is why many people choose to use the services of a family law specialist like Mark Reynolds, Divorce Solicitors Liverpool, to help guide them through the divorce procedure.

Our friendly and experienced team is here to provide practical advice and compassionate support to make the divorce process as simple and straightforward as possible.

We will take care of the legal and administrative side of the process and can also help you negotiate with your spouse to reach a fair financial settlement and agree on childcare arrangements. To learn more about our services and how we can help you apply for a divorce, contact any of our offices by calling 0800 002 9577 or filling out the contact form on the right to arrange a free, no-obligation initial consultation.

Love them or hate them, the in-laws are often an important part of the family dynamic, especially when children are involved.

All families and family dynamics are unique, and where some families are tight-knit, others don’t always see eye to eye.

When it comes to family law issues, you may wonder, ‘Are in-laws considered family? And if so, are they immediate or extended family? And what legal rights do they have? This blog will explain all.

Are in-laws considered extended family?

Yes, usually, your in-laws (that’s your spouse’s immediate family) are considered to be part of your extended family rather than your immediate family.

Extended family refers to family members who are more distant or indirect. Other members of your extended family include your grandparents, aunts and uncles, nieces and nephews, and cousins.

Are parents-in-law immediate family?

No. Immediate family usually refers to your closest family members. That’s those that you are directly connected to by blood, marriage, or adoption. Generally, in UK law, your immediate family includes your parents, siblings, children, and spouse or civil partner – not your parents-in-law.

Is a sister-in-law considered immediate family?

No. If we look at the previous definitions. Your sister-in-law is an indirect relative and so would be considered part of your extended family rather than your immediate family.

What rights do extended family members have in family law?

In most cases, immediate family members have more automatic legal rights than extended family members when it comes to family law issues.

For example, grandparents and in-laws do not have an automatic right to contact with a child if the child’s parents deny access. However, they may ask the court for permission to apply for contact.

Similarly, extended family members may be able to apply for a child to be placed in their care or to adopt or become the special guardian of a child if their parents can no longer care for them.

Why choose Mark Reynolds Solicitors for Family Law issues?

At Mark Reynolds Solicitors, our team of specialist family law solicitors have helped countless families in the North West to navigate family law issues.

Whether you require help gaining contact with a grandchild or wish to apply for parental responsibility or special guardianship over a child, our team of family law solicitors are here to help.

We understand that family law issues can be extremely sensitive matters and treat every case with the care, attention, and discretion that it deserves.

For legal advice or family mediation services, contact us today to learn more about our family law services.