Sadly, this is not the whole story, and the reality is that there is no such thing as an instant or a ‘quickie’ divorce. What happened in 30 seconds in court was the pronouncement of decree nisi, which is the first of two important stages in the divorce process.
While the family justice system is trying to address delays in the process – with the introduction of an online system for petitioners, and a consultation on introducing no-fault divorce – we are not yet at a point where divorce is a simple process.
What is the Process?
The process is the same whether you want to end a civil partnership or a marriage. One person needs to issue a petition at court which will have to rely on one of five available facts to prove that the relationship bas broken down ‘irretrievably.’
This may involve confirming that the respondent has committed adultery, or their behaviour is so ‘unreasonable’ that it is intolerable to you to live with them. Otherwise you will need to show that you have been separated for a period of two years, if the other person consents, or five years.
The respondent will be required to confirm formally to the court whether or not they contest the divorce or dissolution. Once the court has this acknowledgement, the petitioner will be able to apply for the decree nisi or conditional order, which is the court’s confirmation that the relationship is eligible for a divorce or dissolution.
Once this decree or order is pronounced by the court there is a six-week cooling off period, after which the application for the final decree absolute, or final order can be made. This is the point at which the marriage or civil partnership is finally dissolved.
What often holds up the final decree of divorce is dealing with the financial arrangements, or the parties are involved in dealing with arrangements for their children before they can progress the divorce.
Do I Need a Lawyer?
Many people manage the divorce or dissolution themselves. The government has trialled a new online system which allows the petitioner to apply and progress the process online.
Where the circumstances are straightforward and the petition is uncontested, this makes the process simpler and less expensive. There is guidance widely available online.
For a step-by-step guide you can look at the government website, or look at Resolution, which is an organisation for family law issues.
If you have queries or are unsure of the implications on your status, finances or generally for your family, you may want to seek advice from a lawyer to give you a clear understanding of your position. You may also feel more comfortable having a solicitor take care of the process for you, particularly in circumstances where other issues are involved, or your ex is difficult to deal with.
What Does it Cost and Who Pays?
There is a court fee of £550 payable at the time that you issue the petition. There are reductions and exemptions available when certain financial circumstances apply.
If you instruct a solicitor to act for you they will usually charge at an hourly rate, or sometimes offer a fixed fee for a straightforward divorce, and you should make enquiries about what their charges are.
The respondent to the divorce or dissolution can be required to pay all or some of the fees incurred by the court or your lawyer.
How Long Does it Take?
It varies, but if the divorce or dissolution is uncontested and straightforward it could take around six months to go through the court process. If you need to arrange a financial settlement this will usually take longer and may delay the final stage of the divorce or dissolution process until there is a final settlement or financial order.
If an agreement can be reached quickly the finances could take only six months to finalise, but where matters are not immediately agreed it would usually take between 12 to 18 months.
What About the Money?
Often, there are financial issues to be considered when you are ending your relationship. You need to look at all your capital, pensions and income. These issues can be complicated, and the solution for separating finances out between you might not be obvious.
It is important to understand how a court looks at finances on divorce so you understand what you might reasonably expect. There is no formula to apply and each case is fact specific and particular to your own circumstances, so it is usually advisable to take independent advice on how to get the best outcome for you.
You do not have to go to court to resolve financial matters, but you do need a court order to make any arrangement between you binding and enforceable. You can obtain this by agreement and without having to be present at court.
If you cannot reach an agreement you may need to apply to court for a judge to make decisions. There is typically a three-stage process, and it is possible to reach a settlement at any point before a final hearing.
What About the Children?
If you and your ex-partner have a child or children you might need to work out what time the children spend with each of you, and maybe your extended families.
The separation might also involve one or other of you moving to a new house and this may be some distance away, or even abroad.
Provided you both have parental responsibility for the children, you have the same rights and obligations towards them after you separate, but the practicalities of the situation might mean that one parent ends up having the children for more of the time.
You do not need to go to court to put arrangements in place for your children unless it becomes necessary because it is impossible to agree, or because you have concerns about the children’s safety or welfare.
You may want to seek advice on what will work best for the children, or how to manage in a situation when there is conflict between you and the other parent.