Family Law Basics: What You Need to Know
Family Law Basics: What You Need to Know
Family law is an area of law that deals with family-related issues and domestic relations, including marriage, divorce, child custody, adoption, and more. If you’re going through a family-related legal issue, it’s important to have a basic understanding of the legal system and your rights and obligations.
Divorce is one of the most common family law issues, and it’s essential to know the basics if you’re considering or going through a divorce. In this article, we’ll cover some of the essential things you need to know about divorce and family law in the UK.
Couples who wish to file for a divorce can do so online by accessing the following link: https://www.gov.uk/divorce/file-for-divorce. As of 2023, the fee for filing for divorce has increased to £593.
Further advice and guidance on divorce proceedings, including the legal implications and potential outcomes can be sought on the Citizen’s Advice website at https://www.citizensadvice.org.uk/family/how-to-separate1/getting-a-divorce-or-dissolution/. It is important to approach the divorce process with a clear understanding of your rights and obligations, as well as a realistic outlook on the potential outcomes.
Changes to the divorce process in 2022:
The divorce process in England and Wales has changed significantly from 6 April 2022 when the Divorce, Dissolution and Separation Act 2020 took effect. The changes introduced by the Act include:
Removing the need to give a reason for the breakdown of the marriage (this is referred to as a ‘no fault divorce’)
Removing the option to contest a divorce started by your spouse (previously, you would potentially have to wait 5 years for a divorce if your spouse did not agree to it)
Allowing joint applications (a couple can now apply for a divorce together, although an individual spouse can still make a sole application)
Adding a minimum 20-week wait period between the divorce application being received by the Court and the Conditional Order being issued
Updating key terminology to be in plain English (see ‘key divorce terms’)
Under the new divorce rules in place from 6 April 2022, there is a minimum timeframe for divorce. The Court must wait at least 20 weeks from receiving the divorce petition before issuing the Conditional Order and then a further 6 weeks before issuing the Final Order.
This means that even the fastest divorces will now take at least 26 weeks (approximately 6 months). It is likely that most divorces will take 7 – 12 months.
Key divorce terms to help you understand the key terms used in the divorce process, here are some definitions:
Divorce petition – this is the document that you fill out and submit to the Court to start the divorce process.
Conditional Order – this used to be called the Decree Nisi. It is a document issued by the Court that confirms that the Court is satisfied that the grounds for divorce have been met.
Final Order – this used to be called the Decree Absolute. It is a document issued by the Court that officially ends the marriage.
Respondent – this is the person who receives the divorce petition and has the opportunity to respond to it.
Petitioner – this is the person who files for divorce and starts the divorce process.
Conclusion
Divorce can be a challenging and emotional process, but it’s essential to have a clear understanding of the legal system and your rights and obligations. The recent changes need to be understood as well and it is recommended to engage a qualified lawyer to obtain the best advice.
