You should be reassured that in the vast majority of cases, the divorce or civil partnership dissolution procedure is a straightforward one which does not necessarily necessitate attendance at Court. At its best it is entirely paper based.

No-fault divorce

Prior to April 2022 a separating couple had to show evidence of one party within the marriage being to blame for the relationship breaking down (if the parties hadn’t been separated for two or more years). This meant that to proceed with a divorce or to dissolve a civil partnership there needed to be evidence of adultery or unreasonable behaviour. In many cases, neither of these factors applied and the marriage or civil partnership had simply ended naturally and on good terms, with neither partner specifically to blame. This meant that parties had to either wait a period of 2- or 5-years following separation before divorce or dissolution proceedings could be issued.

The no-fault divorce now allows a couple to file for a divorce or dissolution together, and without having to apportion blame. This means that a separating couple can work with family law solicitors like Ison Harrison to make suitable childcare arrangements and divide money, assets and possessions harmoniously and agreeably, and without unnecessary friction.

How can Ison Harrison help with your no fault divorce?

Ison Harrison are one of the largest family law solicitors in Yorkshire, and we have a specialist team of experts to help with your no-fault divorce. We understand that this is a difficult and stressful period of sadness and reflection, even where a relationship has broken down in a cordial and amicable way.

We will show compassion and empathy and negotiate complex issues to resolve matters in the interests of all parties. Where children are involved, this is particularly important, as we have seen many cases over the years where a bitter and acrimonious divorce can have long-term psychological effects. The no-fault divorce seeks to minimise any resentment and recriminations to make the process as smooth as possible, and we have the emotional skills to further assist in making that journey as stress-free and cordial as possible.

Cross-jurisdictional or international divorce

As a matter of course our Family Lawyers are alert to the fact that with an ever increasing globalised society, either party may be entitled to bring proceedings outside of England and Wales. These proceedings in turn could be more or less advantageous to you. Proceedings in other jurisdictions vary greatly from country to country in respect of procedure, time, financial outcome and the consequences for any children of the family. Whilst we cannot advise you in relation to matters of law outside of England and Wales, given our experience we can ensure that we can put you into contact with someone who can. From this we can then decide the most appropriate forum for the proceedings (sometimes referred to as ‘forum shopping’).

Some important facts you need to be aware of:

  • You cannot divorce or dissolve a Civil Partnership in the first year of your marriage or civil partnership. This is known as the absolute bar to divorce in the first year. Notwithstanding this, please be aware, our Family Lawyers can help you to prepare for when you are in a position to divorce and take other steps to provide you with financial security.
  • There is one ground for divorce or civil partnership dissolution that is that your marriage has irretrievably broken down.
  • Nullity and Judicial Separation proceedings are increasingly uncommon throughout the Courts of England and Wales. You require specialist legal advice from one of our Family Lawyers if you are intending to issue proceedings on this basis.
  • In most cases you will require your original marriage or civil partnership certificate or a certified copy to commence proceedings. Whilst proceedings can be issued without them this often adds to your costs and delay. The Court will want to know the reason why you cannot produce the certificate and confirm what steps, if any, you have taken to obtain the same.
  • Marriages that have taken place outside of England and Wales are generally recognised as valid marriages providing they accord with the customs of the country in which they took place.
  • Religious marriages that take place in England and Wales and do not accord with the requirements for a valid marriage are not recognised. At best you will be considered a cohabitant. English and Welsh Law however recognises the importance to many of religious divorces. There are specific provisions within our law designed to make spouses cooperate with procuring a religious divorce. Please speak to one of our Family Lawyers in this regard should you have any questions.
  • Not all oversees divorces are recognised as valid divorces for the purposes of English and Welsh Law. If you have any doubt as to the recognition of an oversees divorce as a matter of English and Welsh Law you should seek the advice of one of our Family Lawyers in this regard.
  • On a final order of divorce or dissolution of Civil Partnership, the Court will not make any orders in respect of the children (i.e. with whom they shall live or spend time with) or your finances unless you ask the Court to do so by filing separate applications.
  • The process for a divorce or civil partnership dissolution usually comprises of 4 stages namely:
    • Issuing the proceedings;
    • Returning the Acknowledgment of Service;
    • Applying for the Conditional Order; and
    • Applying for the Final Order.

Ordinarily you will be advised to refrain from applying for the Final Order until the financial aspects of your separation are resolved this is because there may be a risk of financial prejudice to you. Please speak to one of our Family Lawyers about how this may affect you.

As part of the divorce or civil partnership dissolution you may require advice in other areas of law take for example, property, wills and company. At Ison Harrison we offer a breadth of legal services that we are confident will assist you with your case.

Leading family law solicitors in Leeds & Yorkshire

Our experience and expertise in family law matters makes us the number one choice across the Yorkshire region. We have a central presence in all the major towns and cities in Yorkshire and have become a vital resource on family law matters for local people seeking legal assistance with Divorce and Civil Partnership Dissolution, Nullity and Judicial Separation, Financial arrangements following divorce or dissolution of a civil partnership,  Cohabitant’s rights and disputes, Pre and Post Nuptial Agreements, Forced Marriages, Domestic abuse, Private and Public Children Law matters including Financial provision for Children on separation, and Grandparents’ rights.

Contact us today for advice on proceeding with a no-fault divorce or dissolution of a civil partnership. Call 0113 284 5000 or email family@isonharrison.co.uk