Sameena Azmi (Student)

Divorce is the legal procedure that officially ends a marriage. It involves a sequence of legal procedures to resolve different parts of the marriage, such as the distribution of property, financial assistance for a former spouse, child contact arrangements and other relevant concerns.  Although divorce involves emotional and relational factors, it is primarily a legal procedure that is supervised by the court system where needed.  

There may be various reasons for couples getting a divorce. In England and Wales there is now a process of “no fault divorces”  which means that neither party needs to  show that the other  did anything wrong.  

• The divorce process generally involves multiple  stages, however negotiation and mediation is encouraged throughout the process. Parties may engage in negotiation or mediation in order to achieve agreement on a range of matters. Mediation comprises the involvement of an impartial third person who assists in enabling discussions between the spouses with the aim of reaching an agreement. 
• The first step in applying for a divorce is filing a petition which can be done online, along with paying the relevant fee. One spouse submits a formal request for divorce but this can also be done jointly
•  The divorce paper is sent to the other spouse giving them 14 days to reply. As there is no longer fault in the divorce system, to dispute the divorce there must be a legal reason, it is not possible to dispute a divorce because one party does not want to divorce
• Before finalising a divorce, an agreement about how to divide finances needs to take place which involve, both sides participating in exchanging information about their finances and property.
• If a resolution cannot be achieved through the process of negotiation or mediation, the matter may be escalated to a hearing for a judge to decide the outcome. 
• Once all issues are resolved, a final order can be applied for. This document serves as the legal ending of the marriage.

Going through a divorce can feel complicated and is often an emotional experience. 

If you are considering a divorce or going through the divorce process, you may benefit from legal advice and support.

Staffordshire University Legal Advice Clinic can assist and advise on this process. If you would like an appointment, please contact 01782 294800 or email SULAC@staffs.ac.uk.