Read more articles in: Blog, Family Law, Stuart Daniel

Understanding the divorce process and your rights

Divorce is a challenging process, emotionally and legally, so it is important to know your rights and options throughout the process to manage the challenges effectively, regardless of your specific circumstances.

Can I file for divorce when my spouse does not agree to it?

Yes. The introduction of the no-fault divorce law in England and Wales in April 2022 allows one or both parties to file for divorce without the need to prove fault.

You can file for divorce, either individually or as a joint application, solely on the basis that the marriage has irretrievably broken down. Your partner can no longer contend a divorce.

This law aims to reduce conflict and make the process of obtaining a divorce procedurally simpler.

While the no-fault divorce law paves the way for separation regardless of any reluctance from one of the parties involved, mediation in the first instance can help both parties reach an understanding or at least agree to disagree.

Changes to Part 3 of the Family Procedure Rules in April 2024 mean that parties who are in dispute during divorce must demonstrate that they have tried to resolve these disputes through mediation.

Serving the divorce application

Once the divorce application is filed, your spouse will be served with the documents.

They cannot stop the divorce by simply disagreeing with it. They can only contest the application by challenging the jurisdiction of the court or the validity of the marriage.

They have a period of 14 days to respond, after which the process can continue even if they do not cooperate.

Applying for a conditional order

You can then apply for a conditional order; however, this can only be applied for 20 weeks after your divorce application has been issued by the court.

This is the first stage of finalising the divorce and can be applied for even if the other party does not agree but has been properly served with the divorce application.

Finalising the divorce

43 days (six weeks and 1 day) after the conditional order, you can apply for the final order, which legally ends the marriage.

How we can help

Our specialist family law solicitors can help guide you through a divorce. We can help by:

Ensuring all paperwork is correctly filed

Providing representation in court

Offering strategic advice

Providing cost-effective solutions

In our next blog, we will look at the financial settlements involved in a divorce and the steps you will need to take.

For expert guidance and support through your divorce, our family law experts are here to help. Contact us today to see how we can assist you.

Stuart Daniel

Director – Head of Family Department

I qualified as a Solicitor in 2006 and now specialise in divorce, financial settlements, childcare arrangements and Pre Nuptial Agreements. I have many years’ experience as a private family lawyer having worked with two other local firms before returning to Mander Hadley, where I first undertook work experience during my university studies.