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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 parties apply for the Final Order (previously known as the Decree Absolute). This can only be applied for six weeks after the date of the Conditional Order.

Once the Final Order is granted by the Court, this legally brings the parties’ marriage to an end.

Please note however, that even though the Final Order has been granted in the divorce proceedings, this does not stop either party making financial claims against the other.

We are experts at handling divorces from the simplest to the most complex, so when you are ready to proceed please do call and we will provide you the professional support you need at a difficult time in your life.

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 sole application yourself or jointly with your spouse should you wish and provided you are both in agreement.

The initial steps consist of completing an online form with basic details of the parties and the marriage. You will also need to upload a full, clear, colour copy of your marriage certificate onto the court portal. If you do not have your original marriage certificate, you can apply for this online. There is usually a small fee for this and it should come through within a few weeks.

When applying for divorce, there is a court fee payable in the sum of £593 however, if you are on low income, you may be able to apply for fee exemption. In order to check if you are eligible for this, you need to complete a further online form called ‘How to apply for help with fees: EX160’. Once completed, if you are eligible for full fee exemption, you will be notified there and then and given a code to use when completing your divorce application. However, depending on your income, you may be required to pay a part payment towards the court fee but again, you will be notified of this.

Once you have uploaded your divorce application, the Court will then review this and provided this is completed correctly, they will then issue your divorce application and provide you with a unique 16 digit case number to use on all correspondence in connection with these proceedings.

We are experts at handling divorces from the simplest to the most complex, so when you are ready to proceed please do call and we will provide you the professional support you need at a difficult time in your life.

Emma Bilsborrow​​​​, Legal Executive, Partner

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) before you file it with the court.

When deciding on a settlement the Court will take into account a list of factors that are contained in Section 25 of the Matrimonial Causes Act 1973 to include, but not limited to, income, earning capacity, property and other financial resources which each of the parties to the marriage has, or is likely to have in the foreseeable future, including each parties’ earning capacity, and the financial needs, obligations, responsibilities, and resources of the spouses, both during the marriage and after the marriage has ended. A settlement must be both fair and reasonable otherwise it will be rejected by the court.

Unless you have a Financial Remedy Order (the court order which sets out the financial arrangement between divorcing spouses) which is sealed by the Court, then irrespective of the time which has elapsed since your Final Order (previously called Decree Absolute) concluding the Divorce you remain at risk of a financial claim from the other party to include claims against pensions.

We are experts at handling divorces from the simplest to the most complex, so when you are ready to proceed please do call and we will provide you the professional support you need at a difficult time in your life.

Emma Bilsborrow​​​​, Legal Executive, Partner

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 or a certified copy of the marriage certificate.

If a sole application is made, the Court will send a copy of the Divorce Application (previously known as the Divorce Petition) to the other spouse. They are then required to confirm receipt of the Application and send an Acknowledgement of Service Form back to the Court within 14 days. The timescales relating to the no fault Divorce process are relatively straightforward. It is estimated that no fault Divorce takes a minimum of 26 weeks.

There are now two separate waiting periods. There is a 20 week waiting period for the Conditional Order to be issued (this was formerly known as the Decree Nisi), and a further 6 week waiting period for the Final Order (this was formerly known as the Decree Absolute).

The time it takes to finalise the Divorce will also depend on other factors, including the division of finances.

A no fault Divorce cannot be contested, except in limited circumstances where the Court feels empowered to investigate further, this might include where a Court does not have jurisdiction to deal with the Divorce, or the marriage is not valid.

We are experts at handling divorces from the simplest to the most complex, so when you are ready to proceed please do call and we will provide you the professional support you need at a difficult time in your life.

Emma Bilsborrow​​​​, Legal Executive, Partner

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 20% VAT and disbursements of £593 (no VAT).

Divorce costs in England and Wales will differ depending on the level of knowledge of the family lawyer. The applicant in the divorce proceedings should budget somewhere in the region of £500 – £650 plus 20% VAT for divorce costs. If you are the respondent in the proceedings, then the fees you pay are likely to be much lower and are unlikely to exceed a few hundred pounds.

Disbursements are expenses incurred by a solicitor whilst carrying out work on behalf of a client. In relation to divorce proceedings (for most people) this will simply be the divorce application fee (or disbursement) of £593 (no VAT). Other disbursements that could be incurred are paying out for a certified copy of your marriage certificate if you have lost your original marriage certificate or organising for a translation of the marriage certificate if the certificate is in a language other than English.

We are experts at handling divorces from the simplest to the most complex, so when you are ready to proceed please do call and we will provide you the professional support you need at a difficult time in your life.

Emma Bilsborrow​​​​; Legal Executive, Partner Family Department

Family Procedure Rules Amendment April 2024

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With effect from 29th April 2024, the Family Procedure Rules have been amended to promote alternative methods of resolving financial and private children disputes, other than through the court.

The background to this piece of legislation is that there is considered scope to extend non-confrontational methods by asking the parties to more formally engage with such processes, rather than defaulting to using the court. The terminology in the Rules refers to “non-court dispute resolution” (NCDR), which in addition to mediation, includes arbitration, evaluation by a neutral third party (such as private Financial Dispute Resolution procedures) and collaborative law.

Until introduction of the new rules, it was possible for either party contemplating litigation through the family courts, to attend a consultation with an accredited mediator, this being the Mediation and Information Meeting (MIAM). In the event that a party did not wish to proceed with the voluntary procedure of full mediation, they could obtain a MIAM certificate and then apply to court for a determination of their case. Under the new rules, the certification criteria will be more stringent. Mediators will be required to inform their clients about the various NCDR options available with supporting documentation, to ensure they are fully informed.

Certain exemptions from the requirement to have an MIAM certificate will remain, allowing parties to proceed directly to court proceedings. These naturally include cases of domestic violence, though the terminology is broadened to ‘domestic abuse’ in line with the Domestic Abuse Act 2021. Furthermore, the court will accept such cases on the basis of the applicant’s ‘significant financial hardship’ as opposed to ‘unreasonable hardship.’

One of the key changes is that previously the court could adjourn court proceedings in order to explore non-court options with a view to settlement, if the parties were in agreement with this method. Instead, the court may now adjourn the proceedings, in order to encourage NCDR simply “where the timetabling allows sufficient time for these steps to be taken.” In other words, the parties need not be in agreement with an adjournment.

As a deterrent to parties failing to engage in NCDR without good reason, the new rules provide that there could be cost consequences, therefore moving away from the usual initial position of ‘no order as to costs.’

During the court process, it is now a requirement that parties must file and serve on eachother a new form, (FM5), within seven working days before the first hearing. The form specifically asks parties to indicate what type of NCDR they have attended and explain why that method of resolution was not suitable in their particular case, verified with a statement of truth.

The revised Family Procedure Rules should represent a significant departure from the former use of MIAM certificates, moving parties’ conversations towards out of court settlements where possible. The emphasis will be on parties making genuine, fully considered, early attempts to fairly resolve matters without resorting to court proceedings. Time will tell whether these measures have any significant impact on court backlogs and aid resolution of issues.

Josephine Duchenne is a solicitor specialising in Family Law.

Family Asset Protection Trusts

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H M Revenue and Customs introduced compulsory registration of all trusts in September 2022. A number of our clients had been contacted by the companies who had advised on and set up, a Family Asset Protection Trust, asking them to arrange registration of their trust.

It has become apparent that many people are being advised by such companies to enter into these trusts at considerable cost believing that their property will be protected against inheritance tax and/or care home fees.

These companies are advising clients to transfer their property or cash into these trusts during their lifetimes and advising them that their property or cash would no longer form part of their estate and that the trust would then own them. The inference being that their value would not be taken into account on death for inheritance tax purposes or when moving into permanent care and calculating their contribution towards care fees.

However, local authorities are permitted to investigate a person’s financial history, including money transferred outright to another person or into a trust. The local authority can deem this to be deliberate deprivation of capital i.e. the transactions had been entered into specifically to reduce the value of a person’s estate. In such instances, the local authority can disregard the transfer and deem the person to still own those assets. The local authority have been known to look back into transactions up to 15 years prior to a person going into care for transfers. The long and short of it is that if the transfer had been entered into due to concerns over care fees, it will be deemed to be deliberate deprivation of capital.

In addition, if an asset has been transferred and the person retains some benefit in that asset i.e. they transfer their house but continue to live in it, they are deemed to have reserved a benefit in the asset. For inheritance tax purposes this is known as a gift with reservation of benefit, which does not reduce their estate for the calculation and its value is still taken into account.

Unfortunately, it appears these trusts, which often cost thousands of pounds, are not correctly explained to clients and they end up entering into what Age Concern describe as “a worthless piece of paper”. Sadly, they can also lead to future costs where the trust company are named as trustees and any changes are needed to the trust.

If you have any queries about Family Asset Protection Trusts or wish to discuss care home fees or inheritance tax planning, please contact our private client team.

Sarah Bruce, Legal Executive, Haverhill/Saffron Walden office
19 April 2023

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 man. When the Ages of Marriage Act 1929 came into force, it raised the minimum age of marriage in the UK to 16, on condition that parental consent was obtained from each child’s parent or guardian.

The introduction of the Marriage and Civil Partnership (Minimum Age) Act 2022 is intended to safeguard children from forced marriages and the related risk of exploitation, by raising the current legal age from 16 to 18 years old, irrespective of parental consent. To be clear, forced marriage is when you face physical pressure to marry (for example, threats, physical violence or sexual violence) or emotional and psychological pressure.

It is now no longer possible for anyone under 18 to marry or enter a Civil Partnership. Indeed, it will be a criminal offence for anyone under 18 to enter a marriage, and there will be no longer be the necessity to find evidence of coercion.

Further, any person who even attempts to organise a marriage where someone is under 18 will commit an offence under section 121 of the Anti-social Behaviour, Crime and Policing Act 2014. This includes actions such as booking a church, or other venue for the purpose of a marriage.

Though guidance has been organised for many organisations, to include educational organisations, it is vital that children, parents, grandparents, educators and other professionals know about this alteration in law and understand that child marriage is illegal in England and Wales. Therefore, if you require any help, or assistance on this issue, or any issue relating to a family matter, to include divorce, nullity, or financial matters connected to divorce, please do not hesitate to contact our specialist divorce lawyers here at

Adams Harrison, 14 – 16 Church Street, Saffron Walden, Essex, CB10 1JW,
Adams Harrison, 52a High Street, Haverhill, Suffolk, CB9 8AR,
or
Adams Harrison, 43 High Street, Sawston, Cambridge, CB22 3BG,

and ask to speak to our expert lawyers Shoshana Goldhill, Emma Bilsborrow, or Kerri Westlake.

Grandparents:- Their Role, Rights And Responsibilities

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The role of grandparents continues to evolve and perhaps become increasingly more important. Almost two thirds of all grandparents look after their grandchildren regularly, often whilst parents are at work. A contributory factor is the cost of childcare which means there are many informal family arrangements.

The Children Act 1989 as amended requires grandparents to seek permission (leave) of the court to file a section 8 application. This creates a two stage procedure, except in some exceptional circumstances where a grandparent may make an immediate application.

A grandparent has no parental responsibility in law which means they cannot make major decisions such as about medical treatment, schooling and for travelling outside the UK which can present difficulties for grandparents caring for their grandchildren. In the case of Re J (Leave to Issue Application for Residence Order) [2003] 1 FLR 114, Thorpe J suggested that trial judges should have greater appreciation for the contribution made by grandparents for the care of their grandchildren.

A large number of grandparents may sadly lose contact with their grandchildren when parents separate. The first step must always be to try to resolve issues within the family by agreement or through mediation.

Which court orders can grandparents apply for? The most likely court orders are a Special Guardianship Order (Section 115 of Adoption and Children Act 2002) or a Child Arrangements Order (Section 8 Children Act 1989 as amended).

  • A Special Guardianship Order lasts until a child is 18 unless changed by earlier court order. It enables the special guardian to have parental responsibility for the child and to take most decisions about the child without consulting the parent. Major decisions such as changing the child’s surname or taking them abroad for more than three months require agreement of the parents or the court’s permission. The child retains birth family links albeit that the parental responsibility of the parents is reduced.
  • A Child Arrangements Order can be granted to grandparents to confirm that the grandchild lives with them, provided they have the court’s permission to seek such an order or are exempt from doing so. A Child Arrangements Order granted to grandparent(s) can set out who the child lives with and how much time the child will spend with the parent(s) or other persons with parental responsibility.

Government Issues Landmark Domestic Abuse Bill

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In July 2018 we published a Legal Update which addressed the lack of support and protection of domestic abuse victims in the Family Courts. Our concern in particular was that victims in Family courts had less protection in legal proceedings than victims in criminal courts. As detailed in our previous Legal Update, the protection of domestic abuse victims was to be discussed by Parliament in July 2018. Following that consultation, on the 21st January 2019 the Government published a landmark draft Domestic Abuse Bill. The bill will help to tackle not just the crimes associated with domestic abuse but also the wider issues surrounding domestic abuse including the support of victims.

For the first time the legislation will introduce a statutory government definition of domestic abuse. The definition defines the relationship between the abuser and the victim as well as defining what constitutes abusive behaviour. The bill lists five types of behaviour which constitute domestic abuse. These are physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse and psychological, emotional or other abuse. The Government has stated that the purpose of defining the abuse is to enable everyone to understand what constitutes abuse. The hope is that it will assist victims themselves and will encourage more victims to come forward, report the abuse and enable them to access the support they need.

The bill will also establish a Domestic Abuse Commissioner. The Commissioner is to raise awareness and encourage good practice in the prevention of domestic abuse, the detection, investigation and prosecution of domestic abuse offences and the identification of the perpetrators of the abuse, the victims and the children affected by the abuse.

The legislation will also introduce new Domestic Abuse Protection Notices and Domestic Abuse Protection Orders. These Notices and Orders will provide victims of abuse with further protection and will place clear restrictions on the actions of the perpetrators of abuse.

One significant change set out in the bill is that the cross examination of victims by their abusers in the Family courts has been prohibited in certain circumstances. Clause 50 of the bill prohibits the cross examination in person in family proceedings when there has been criminal convictions, cautions or there is a current criminal investigation underway. The bill states that if the perpetrator of the abuse has been convicted of, given a caution for or charged with a domestic abuse offence then they may not cross examine in person a witness who is the victim or alleged victim of that offence.

Clause 50 of the bill further prohibits the cross examination in person in family proceedings when there is a civil injunction in place. The bill states that that if the perpetrator of the abuse has a protective injunction made against them which remains in force, they are prohibited from cross examining the witness who is protected by the injunction.

Whilst the bill affords the victims of abuse with this protection, the bill further states that the victim of the abuse is prohibited from cross examining in person the perpetrator of the abuse. Whilst some may see this as affording the perpetrator a level of protection, in reality, it does protect the victim from further abuse from the perpetrators responses to any cross examination. The bill does however recognise that in the interest of justice it is, at times, necessary for cross examination to take place. The bill therefore provides the Court with the ability to appoint a legal representative to carry out any necessary cross examination on behalf of the prohibited party thus enabling the case to progress whilst ensuring the victim is sufficiently protected.

The banning of cross examination is a much needed step forward in the protection of victims of abuse in the Family Courts. The Justice Secretary, David Gauke commented on this aspect as follows:

‘Domestic abuse destroys lives and warrants some of the strongest measures at our disposal to deter offenders and protect victims.

That is why we are barring abusers from cross examining their victims in the Family courts – a practice which can cause immense distress and amount to a continuation of abuse – and giving courts greater powers, including new protection orders, to tackle this hideous crime’

The bill has been welcomed by many domestic abuse charities and specialist support services including Katie Ghose, the Chief Executive of Women’s Aid who was one of several heads of domestic abuse services who wrote a joint letter to the Lord Chancellor and Secretary of State in 2018 calling for the Government to take urgent action in banning the cross examination of victims by their abusers in Family courts.

Katie Ghose stated:

‘The Domestic Abuse Bill has the potential to create a step change in the national response and this must be backed up with sustainable funding for our life-saving network of specialist support services to make a real difference to survivors’ lives’

It is very much hoped that the changes set out in the draft Domestic Abuse Bill will ensure the victims of domestic abuse are provided with the support and protection they deserve.

Our family law team regularly deal with domestic abuse cases therefore if you require advice or assistance please contact our Family Department.