January consistently sees the highest number of divorce enquiries, earning its reputation as “divorce month.” This trend often stems from couples wanting to maintain family harmony during the holidays, particularly when children are involved.
However, the pressures of extended family time, financial stress, and heightened expectations during festivities can bring underlying issues to the surface, and for some couples, this can result in the desire to end their marriage.
Making such a significant decision requires careful thought and proper guidance. In this article, we aim to share information about how the divorce process works and whether it may be the right decision for you.
Key Considerations Before Starting the Process
Before initiating divorce proceedings, several important factors should be considered:
Emotional Readiness: Ensure you’re making this decision from a place of clarity. Consider counselling or therapy to help process your emotions and gain perspective.
Understand Your Financial Situation: Before you begin the process, it is important that you understand your current financial situation, including joint assets, debts, and regular expenses. The more informed you are, the more able you are to make the best decisions for yourself and your finances.
Build Strong Support Systems: Identify trusted friends, family members, or professional counsellors who can provide emotional support during this challenging time.
Legal Requirements: In the UK, the divorce process has been simplified with the introduction of no-fault divorce, but understanding your legal rights and obligations remains vital.
The Divorce Process: What to Expect
Understanding the divorce process can help alleviate some of the anxiety that surrounds it.
Generally, a divorce will follow these steps:
- Making an application: These applications can be made jointly or individually, and you will be required to send your marriage certificate (or a copy of it). Note that there will be a court fee to pay when applying.
- Response: If you apply individually, your spouse will have 14 days to complete an acknowledgement of service, where they will either agree to the divorce or dispute it.
- Cooling-off period: After you apply for divorce, there will be a 20-week cooling-off period before you can apply for a conditional offer. This allows you and your spouse to sort child arrangements, financial arrangements, and complete any other negotiations.
- Apply for a conditional offer: After 20 weeks you can apply for a conditional offer. The court will review this application, and if the judge approves, you’ll be given a certificate containing information on the date and time you’ll be granted the conditional offer. Once the offer has been granted, you must wait 43 days before you can finalise the divorce.
- Finalise your divorce: After 43 days, you can apply for a final order. The court will check that all time limits have been adhered to, and if they find no reason to oppose the divorce, your divorce will be granted.
A typical divorce takes between 6-8 months, though this will naturally vary, as those with more complex situations may find their divorce takes longer to finalise. This time can also vary depending on court backlogs.
Supporting Children Through Post-Holiday Divorce
Children require special consideration during divorce, particularly following the holiday season when emotions may be heightened.
Maintaining consistent routines between both households provides essential stability during this transitional period. Try to keep mealtimes, bedtimes, homework schedules, and other daily activities as similar as possible across both homes. This predictability helps children feel secure despite the changes happening around them.
Developing a clear co-parenting plan is vital for your children’s wellbeing. This plan should outline how you’ll handle decisions about education, healthcare, activities, and daily care while maintaining healthy boundaries between parents. Remember that effective co-parenting means putting aside personal differences to focus on what’s best for your children.
Consider accessing support services designed specifically for families going through divorce. Family counselling or support groups can provide children with safe spaces to express their feelings and develop coping strategies. Professional guidance can help both parents and children navigate this challenging transition more effectively.
Alternative Resolution Methods
Alternative resolution methods, particularly mediation, often provide a less adversarial approach to divorce.
The benefits of choosing mediation are significant and wide-ranging. Couples typically experience lower costs compared to traditional court proceedings, and the process usually leads to faster resolution of disputes. Importantly, ADR gives both parties more control over the outcomes of their separation while reducing the emotional strain often associated with courtroom battles.
This approach is especially beneficial for maintaining positive co-parenting relationships in the future.
There are four key ADR methods that can be considered in this situation:
- Mediation
- Collaborative Law
- Negotiation
- Arbitration
While each method is slightly different, each one allows for more freedom to come to decisions on your terms in a less hostile environment.
How Tann Law Can Help
Our experienced team is dedicated to providing comprehensive support throughout the divorce process.
We begin with initial consultations that allow us to fully understand your specific situation and unique needs. From there, we offer clear guidance through every step of the divorce process, ensuring you understand your options and rights.
Our team provides valuable support with mediation and negotiations, helping to achieve the best possible outcomes while minimising conflict. When needed, we also offer expert representation to protect your interests. Throughout the process, we provide practical advice on all aspects of divorce, from financial considerations to child arrangements, ensuring you can make informed decisions about your future.
We hope that this article and our services can help you make well-informed decisions that serve your long-term interests and those of your family.
Want to learn more about how we can help? Visit our service page for divorce here, or get in contact today.
