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Understanding the Basics of Divorce and Financial Settlements

Navigating the complexities of divorce can be daunting, especially when it comes to understanding the financial implications. If you’re facing a separation and wondering about the next steps in Telford, Shrewsbury, or anywhere in Shropshire, this guide is for you. Ruth Harris, Head of the Family Department and a seasoned divorce lawyer at PCB Solicitors, breaks down the essentials of divorce and financial settlements, helping you understand what to expect.

Divorce Proceedings:

The Divorce proceedings deal with the dissolution of the marriage, and it is a compulsory step if either party wishes to re-marry.

  • Step 1: Application for Divorce

One or both spouses (the latter option is known as a joint application) can file for divorce online through the government’s official website. This application must state that the marriage has irretrievably broken down, but it does not require the parties to provide reasons or evidence of fault, which was a requirement under the old system.

  • Step 2: Submission and Review

Once the application is submitted, it is reviewed by the court. If everything is in order, the court will accept the application and issue a notice to the other spouse (in the case of a sole application), who will then have a chance to respond. This notice informs them that the divorce process has been initiated.

  • Step 3: Conditional Order (Previously Decree Nisi)

After the application has been processed and assuming no objections are raised, the court will issue a Conditional Order. This is the first formal step that the court acknowledges the marriage is going to end. Under the new system, there is a minimum waiting period of 20 weeks from the start of proceedings to when the Conditional Order can be made. This period is intended to give couples time to reflect and consider arrangements for the future.

  • Step 4: Financial Arrangements

Though the divorce itself can proceed without addressing financial issues, it’s advisable to sort out financial arrangements before finalising the divorce. Couples can negotiate financial settlements through solicitor negotiations, mediation or, if necessary, court proceedings. This process might include splitting assets such as property, savings, pensions, and deciding on maintenance payments.

  • Step 5: Final Order (Previously Decree Absolute)

Once a minimum of 6 weeks has passed since the Conditional Order was granted, the applicant(s) can apply for a Final Order. This is the legal document that officially ends the marriage. Once issued, the divorce is complete, and both parties are free to marry again.

Financial Remedy Proceedings:

Parallel to the divorce process, you might need to resolve financial matters. This is where financial remedy proceedings come in.

  • Step 1: Financial Disclosure Both parties are required to fully disclose their financial assets. This step is foundational to ensuring a fair settlement.
  • Step 2: First Directions Appointment (FDA) This preliminary hearing sets the timetable for future steps and may include orders for valuations or further disclosures.
  • Step 3: Financial Dispute Resolution (FDR) The FDR is an opportunity for parties to reach an agreement with the help of their lawyers and a judge. The judge’s role is advisory, and they cannot impose decisions.
  • Step 4: Final Hearing If an agreement isn’t reached during the FDR, the case will proceed to a final hearing where a judge will make a binding decision based on the evidence presented.

Understanding the steps involved in divorce and financial remedy proceedings can empower you to navigate this challenging time with confidence. If you’re in Telford, Shrewsbury, or elsewhere in Shropshire and need guidance, Ruth Harris and the team at PCB Solicitors are here to help.

For a limited time, we’re offering a one-hour initial appointment with one of our expert divorce solicitors for just £99 plus VAT (VAT – currently 20%). This fixed fee consultation is an excellent opportunity to discuss your situation confidentially and get tailored advice on how to proceed with your divorce. Contact us now to take advantage of this offer and start your journey with the support you need.

Ready for expert advice on your divorce and financial settlement? Contact Ruth Harris at PCB Solicitors today on (01743) 237112 or by email to ruth.harris@pcblaw.co.uk to ensure your interests are protected throughout your divorce proceedings.