Divorce – Let’s break it down.
Divorce is an emotionally challenging and life-altering event. Understanding the divorce process and its implications is crucial for those going through this difficult time.?
The ‘No Fault’ Divorce
Introduced in April 2022, the No Fault Divorce allows married couples to end their marriage without the need to attribute blame. The thinking behind this change was to help ease conflict between parties when going through such difficult proceedings. Now, to progress with your divorce, you must be able to confirm that your marriage has irretrievably broken down!
Issuing Proceedings
To initiate the divorce process, the Applicant (the spouse seeking divorce) must file a divorce petition with the Family Court via the online Portal. The petition must include details about the marriage and any details about financial and children claims.
Legal Procedure
Once the divorce petition is issued, it is served to the respondent (the other spouse), who must respond. If the respondent agrees to the divorce, it can proceed uncontested. If there are any disputes about the divorce, then the Courts will adjudicate. These are rare though. From the date of issue, you must wait 20 weeks before you can apply for the conditional order. Following this, you can apply for the final order after waiting for 6 weeks.
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Financial Settlement
Determining financial settlements is a crucial aspect of divorce proceedings. The court considers various factors, including the duration of the marriage, the financial needs of both parties, their earning capacity, and the welfare of any children involved. The goal is to achieve a fair and equitable division of assets, pensions, and spousal maintenance. Often, it is encouraged that a resolution is achieved outside of court; this is most cost effective.
Understanding the grounds for divorce, the legal procedure, and the implications of financial and custody decisions is essential for those going through this difficult time. While divorce can be emotionally challenging, seeking professional advice and support can help individuals navigate the process and move forward towards a brighter future.