Understanding Amicable Divorce and the Online Divorce Process
Thinking about starting an amicable divorce can feel overwhelming, particularly in the early stages of separation. When a marriage has come to an end and you know the separation is likely to be permanent, it is usually sensible to deal with the legal process sooner rather than later.
While it is possible to remain married and live separately, there are important legal and financial reasons why formally ending the marriage is often the better option, even where separation is friendly and cooperative.
Why it matters to legally end an amicable separation
As long as you remain married, your legal and financial responsibilities to one another continue. For example, if your husband or wife were to lose their job or experience financial difficulty, they could potentially make a claim for spousal maintenance, even if you have already separated.
Similarly, your finances remain linked while you are married. In some circumstances, you could be held responsible for debts your former partner has taken on, if those debts are considered to be marital debts. These risks exist even in amicable situations.
Although many separating couples in Norfolk and across the UK manage to stay on good terms, it is common for trust to be strained following separation. Even the most amicable divorces can involve difficult conversations, particularly where there has been emotional hurt, betrayal or infidelity. This can make it challenging to raise sensitive issues around money, property or future plans.
How a solicitor can support an amicable divorce
This is often where working with a family law solicitor can be extremely helpful. A solicitor can act as a buffer between you, allowing discussions to remain calm and constructive, while ensuring your legal position is properly protected.
It is important to choose a solicitor who understands and supports an amicable approach to divorce, rather than one who increases conflict unnecessarily. At Kenning Law, we focus on helping clients resolve matters sensibly and proportionately, whether they are based in Norwich, elsewhere in Norfolk, or across England and Wales.
Using the online divorce service in England and Wales
In England and Wales, most couples now start the divorce process using the online divorce service on GOV.UK. The system is relatively straightforward and requires payment of the court fee and submission of your marriage certificate.
Many people are able to complete the online divorce application themselves without legal assistance. However, we can provide support if needed and can offer a fixed-fee service if you would prefer us to manage the process for you.
One important practical point is to ensure that the names used in the divorce application match exactly the names shown on your marriage certificate. Differences caused by name changes can lead to delays and requests for additional evidence.
The most important issue: financial settlements and clean break orders
A crucial part of the online divorce process is deciding whether you intend to resolve your finances. The court will not assist with this online, yet it is one of the most important aspects of any divorce.
To properly protect yourself, it is essential to obtain a financial settlement approved by the court, usually in the form of a clean break consent order. This document sets out how assets are divided and prevents either party from making future financial claims.
Both parties must complete and sign the necessary paperwork. While you do not both need your own solicitor, each person must have the opportunity to obtain independent legal advice so the court is satisfied that the agreement has been entered into freely and with full understanding.
At Kenning Law, we advise clients throughout this process, reviewing agreements, negotiating where needed, drafting the required documents and liaising with the court to ensure the order becomes legally binding. This provides peace of mind that everything has been handled correctly and that you are protected from future claims.
Why expert drafting matters
Financial consent orders must contain specific wording and follow strict formatting requirements. If incorrect or incomplete information is submitted, the Judge may reject the documents, which can result in additional legal costs and delays.
In some cases, an incorrect order can be difficult to undo and may require a further court application. If the Judge is not satisfied that the disclosure is full and accurate, they may require amendments or even list a court hearing.
Given the current delays in the family court system across England and Wales, this can significantly prolong the process. Often, obtaining good legal advice at an early stage can save considerable time, expense and stress later on.
Pensions, businesses and complex assets
Additional care is needed where pensions form part of the financial settlement. Pension sharing requires specialist advice and a pension sharing order drafted in a specific format so that pension providers can implement it correctly.
Likewise, if either party is self-employed, owns a business, holds company shares, is a company director, or owns buy-to-let property, specialist legal input is essential. This is particularly important where a business is jointly owned or run together.
What happens to the family home?
Where a property is jointly owned, there are usually three main options:
- The property is sold
- One party buys out the other and the property is transferred
- The sale is deferred, for example through a Mesher Order
Deferred arrangements require specialist legal drafting to ensure both parties are properly protected. Taking advice from a qualified solicitor is strongly recommended before agreeing to these arrangements.
Mediation and non-court dispute resolution
Non-court dispute resolution (most commonly family mediation), is now strongly encouraged as a matter of public policy. Mediation can help couples reach amicable agreements about finances and arrangements for children, often at a lower cost and with greater flexibility than court proceedings.
Many mediation services now offer online meetings, and arrangements can be made so parties are in separate rooms if preferred.
Before issuing contested court proceedings, parties are generally required to demonstrate that they have considered mediation. Given the significant delays in the court system, mediation can be a faster and more constructive way forward.
We fully support mediation and will usually only recommend court proceedings as a last resort, or where judicial intervention is genuinely required.
Once an agreement is reached through mediation, we can prepare the formal legal documentation and submit it to the court so that it becomes a binding financial order.
