Entries by Emma Bilsborrow

What Does Conditional Order Mean In Divorce Proceedings?

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The Conditional Order (previously known as the Decree Nisi) is granted by the Court once the 20 week cooling off period, which is from the date of issue of the Divorce Application, has passed. The Conditional Order is the first stage in the divorce proceedings and parties are not legally divorced until one or both […]

How do I start divorce proceedings?

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Divorce proceedings are now dealt with through an online court portal. Since this procedure came into force, you do not now need to site grounds for divorce i.e. adultery or two years separation, only that the marriage has broken down irretrievably. You can only now apply for divorce through the court portal by making a […]

Do I need a solicitor for agreement on dividing up the finances in a divorce?

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You can complete the financial agreement yourself or ask a solicitor to do it for you. Though cheaper to apply for it yourself, for the reason that it requires cooperation from both parties it is better to instruct a solicitor to review the terms of the consent order (the legal document which confirms your agreement) […]

How long does a divorce take?

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A no fault Divorce allows for someone to make a sole application, which is then served on your former partner, or a joint application which a couple submits together. An application for a no fault Divorce can be made online. All that is required are the names and addresses of both parties and the original […]

How much does a divorce cost?

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Divorce on its own is seldom expensive. The bulk of costs are usually accumulated resolving the matrimonial finances. How much it will cost to resolve financial issues typically depends on how complicated the finances are and how cooperative the other person is. Divorce costs in England and Wales can start from £500 to £650 plus […]

Can you apply to shorten the period between issuing divorce proceedings and obtaining the conditional order?

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The Divorce, Dissolution and Separation Act brought into effect a minimum 20-week period from the commencement of divorce proceedings to a conditional order* being made. It was thought that the 20-week wait would allow more time for divorcing couples to agree practical arrangements where reconciliation is not possible and divorce unavoidable. A national firm broadcast […]

Changes to tax rules between spouses April 2023

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Under the existing tax rules, a transfer of assets between former spouses or civil partners is made on a ‘no gain or no loss’ basis as long as said transfers take place in the tax year in which the former spouses or civil partners separated, thus any gains or losses from the transfer are delayed […]

Women in Law and International Women’s Day

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December 2022 marked 100 years from the time when the first woman was admitted as a solicitor in England and Wales. The Sex Disqualification (Removal) Act permitted women to be able to work in the Civil Service and the judicial system. Prior, women were not allowed to join the legal profession as they were not […]

Marriage and Civil Partnership (Minimum Age) Act 2022

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The Marriage and Civil Partnership (Minimum Age) Act 2022 came into force on Monday 27 February 2023, varying the minimum age of marriage. The Act is long overdue and is very much welcomed by divorce lawyers in England and Wales. Traditionally, the minimum age of marriage was 12 for a woman and 14 for a […]