Good Divorce Week 2022: Implications of divorce in court

So often you hear one party being “taken to the cleaners” by the other when divorcing or complaints of astronomical solicitors’ fees, yet rarely do we focus on cases where a “quick” or amicable divorce can be achieved.

Whilst it is widely accepted that these amicable divorces are not as frequent, to be expected during such a major life event, they have many advantages.

In 2020, prior to the No Fault Divorce system being introduced, we had a case that was just over 4 months from start to finish divorce including the approval of a financial order, which was a record for our department, but it showcased how everyone co-operating together with the use of the online court system. 

In April 2022, the no fault divorce system was introduced so setting out blame in a divorce petition fell away.  The intention being to try to reduce hostility from the outset.  The court online portal is now the only way to submit an application for divorce, financial remedies orders or agreed financial orders which means it is not as quick as I had experienced in 2020.

The No Fault Divorce timeline means that you are unable to obtain a final order dissolving the marriage before 6 months and in reality, will likely be c. 8 to 9 months. Agreed financial orders once filed with the court are usually returned within 4 weeks so that is much quicker than that experienced in 2019 being c. 4-5 months when submitting the same on paper.

There are times where an amicable divorce is not achievable and an application to court to deal with the financial aspects of the separation is necessary. Due to staff shortages and a significant influx of demand, financial remedy proceedings are not a quick, cheap, or easy option.  The demands on the court are significant meaning from issuing of an application to a final hearing it is likely your case would not be concluded within a year or perhaps 18 months.  Parties need to be aware of the likely delay they will experience but also the emotional effects of such, all of which should be considered when composing a proposal for settlement.

When all is over, did it really matter who kept the toaster, absolutely not.  Seeking to achieve terms that you can live with, absolutely yes.