What is the divorce process?
From 6 April 2022, the process will change. The first stage in the divorce process is to issue a divorce application with the court. This is the document which outlines that your marriage has broken down irretrievably. If you are a sole applicant, the divorce application will be sent to your husband/wife, and they will have to acknowledge receipt of the application in order for the divorce to proceed. Alternatively, you and your husband/wife can make a joint application together, and the divorce application will be sent to both of you for acknowledgment.
The law lays down a minimum allowable period of 20 weeks between the application and the conditional order. After 20 weeks you can apply to the court for a conditional order. This is the stage when the court satisfies themselves that you are entitled to a divorce. Once you receive your conditional order, you can apply for your final order after 6 weeks and one day. The Final Order formally ends your marriage.
There can be complications to the divorce process if, for example, your husband/wife refuses to acknowledge the divorce application. At these times it is in your best interests to obtain legal advice as to the best way to proceed.
Our experienced divorce lawyers understand the stress of facing a divorce and can make the process simple, hassle free and affordable. They have also prepared this article which provides further detail on the divorce process.
Related FAQs
- Certain workers will become “furloughed workers”.
- Furloughed workers cannot carry out any work for their employer while designated as furloughed, or a linked or associated organisation but they can do voluntary work as long as they are not providing services for or generating revenue for the employer or a linked or associated organisation.
- A furloughed worker can be furloughed part time and work the rest of the time.
- The furlough period begins when the employee stops work, not when agreement is reached.
- If furloughed employees are expected to do online training while furloughed they must receive the National Living Wage/National Minimum Wage for the time spent training.
- Workers must be told of and agree to this change in writing. This written agreement must be kept for five years as part of the scheme. The guidance has confirmed that collective agreement reached between an employer and a trade union on furloughing staff is acceptable for the purposes of making a claim under the scheme.
- However it should also be noted that this is a change in status and pay (if pay is not being topped up) and therefore subject to the usual employment law rules on changing terms and conditions.
- Changes to the contract must be made by agreement with the worker and the government guidance is clear that to be eligible for the subsidy employers must document their communication with the employee on being furloughed.
- You must confirm in writing that an employee has been furloughed, but that the employee does not need to provide a written response. Please note that this is for the purposes of making a claim under the scheme. Any reduction in pay must be agreed in writing under normal employment law principles and failure to do so may result in Employment Tribunal claims. You should not rely on a term in the employment contract to effect this change. We can advise you on how to document this properly.
- Employers must also keep a record of the agreement for at least 5 years.
- If employers have collective bargaining arrangements in place, they must agree this change with the union in the usual way.
- Collective consultation obligations may be triggered if there are 20 or more employees that are proposed to be dismissed and re-engaged in order to effect the change to terms to be furloughed. You should take advice if you think this may apply.
Yes, you can ask to see any information/documentation sent to an employee informing them that they should self-isolate.
Dogs and other pets are often seen as a much loved member of the family but sadly when it comes to divorce, in the eyes of the law a pet falls into the same category as a TV or a toaster as nothing more than a person’s personal property. As such the court is likely to be more interested in who owns the dog by considering factors such as:
- who paid for the dog (ideally backed up with receipts)
- who is registered at the vet
- who is listed on the microchip database, and
- who is the provider of key supplies and food
This person is more likely to have a successful claim over the dog, even if the other party has a better emotional attachment and spent more time looking after the dog.
If it is unclear who owns the dog, a sympathetic judge may consider who is best placed to look after the dog but parties should be prepared for a fairly rough and ready decision. The court is often reluctant to deal with disputes such as pet ownership as it is more concerned with the bigger picture such as arrangements for the children and the overall financial division. It is therefore far preferable for the parties to reach an agreement themselves, perhaps with the assistance of mediation.
Read our recent article to find out more.
This is likely to be a common situation and employers and employees are going to have to take a pragmatic approach. You could enter into a temporary flexible working arrangement perhaps agreeing to vary working hours/days or reducing targets or agree to use some annual leave.
Employees could ask to take a period of unpaid leave, asserting their right to time off to care for a dependant but the lack of pay is likely to be unappealing.
Alternatively employees who are unable to work because they have caring responsibilities as a result of COVID-19, which includes childcare responsibilities, can be furloughed.