From 6 April 2022, in the UK we now have “no fault” divorce where there is no need to apportion blame.
Provided that at least one of the people wishing to get divorced lives in England, then getting divorced in England (& Wales) is infinitely a do-it-yourself job. (I am not familiar with the system in Scotland)
Save yourself a whole load of money: the government website have a do-it-yourself guide
https://www.gov.uk/divorce
Although you can agree finances between you, it doesn’t draw a line under it unless you have a financial order
https://www.gov.uk/money-property-when-relationship-ends
And if have children under 18, and you cannot agree who they live with and who sees who and when, then you need a child arrangement order (which includes Specific Issue Orders:
To confirm that something can happen
and a Prohibited Steps Orders
To stop something happening
https://www.gov.uk/looking-after-children-divorce
It doesn’t matter who divorces who or why, the financial issues are exactly the same. The court has not apportioned blame with regard to the division of marital finances for many years.
The only grounds for getting divorced used to be (all now changed of course)
1 Living apart from 2 years if they both agree.
2 living apart the 5 years regardless of consent.
3 Desertion
4 Adultery.
5 Unreasonable behaviour.
Please note that a legal separation is not the first step or precursor to a divorce. It is virtually the same process but it doesn't dissolve the marriage. However it draws a line under the relationship formally. The difference between a legal separation and divorce is basically that you cannot get remarried again. The reason you would have a legal separation, rather than a divorce is you can get divorced, for religious reasons for example.
From 6 April, the divorce petition form D8 has changed and here it is:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1064336/D8_0422_save.pdf
It is the same form to dissolve a civil partnership.
You need to bear in mind that this process is brand-new for the time being and were not certain how it’s going to work.
The majority of the form is just filling in personal details and as they are the details that you would have to give to a solicitor, to be frank, you may as well complete the form yourself and save a whole load of money.
There is nothing difficult in the form and although it’s 20 pages, it is not crammed with questions. You can complete it in about 15 minutes.
At present to the court fee is GBP595.
The full list of court fees are here:
https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50
there is very little legal aid available now except in very few categories but if you are on benefits or low-income, you may get help with or not have to pay the fees. Details are here:
https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees
And the fee remission is referred to on page 19 of the form.
Be careful with the addresses. If you are not having fee remission goes to the Bury St Edmunds address along with the cheque, on the back page of the form.
If you are applying for fee remission goes to the Harlow address.
At least, that’s how I interpret page 20. It remains to be seen because that page is extremely vague
An application for a financial order goes to your local court.
What will happen with regard to the division of marital finances is that everything will be lumped in together including pensions. With regard to pensions you will need a Cash Equivalent Transfer Value (CETV) which converts the pension to a lump sum for the mathematical calculation. You cannot get hold of that money but it converts it to a theoretical cash equivalent.
All the value of the assets are then lumped together and there is a division which starts off at 50-50 and it would then be adjusted in favour of one spouse or the other spouse depending on the needs of the parties, how long they have been married, where the money came from, et cetera et cetera.
Not just the length of the marriage would be taken into account but also any length of time together before marriage because it would be unfair if the couple were together for 29 years and only married for one year before splitting up (not uncommon) to be treated in the same way as a couple who had a whirlwind romance got married, were married for 12 months, and then split up. So the whole length of the relationship would be taken into account.
It’s largely a mathematical thing but does look at needs after divorce.
Even if everything is being divided down the middle, it’s not really a case of dividing it down the middle, all the assets wouldn’t be split 50-50 but, for example one person may keep the house and the other for example could have the savings and the pensions.
Thank you for letting me assist you with your legal question. I am glad that I was able to help.
I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.
It will be my pleasure to help you again either further with this or any future questions you have
Kind regards
Stuart