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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

I have essential workers who do home visits. How do I assess the risks?

The fundamentals of risk assessment remain the same as for any other foreseeable risk.

Focus on risk controls which reflect Government guidance; social distancing (2 metres) and avoiding contact with occupiers if possible, high-quality PPE – disposable overalls, gloves and fluid repellent surgical face masks, ready access to antibacterial wipes for surfaces, tools and equipment and plentiful hand sanitizer.

Should volunteers be DBS checked?

There is not currently a requirement for MHFAs to be DBS checked.

What are the data protection implications of homeworking?

The Information Commissioner’s Office (ICO) announce new guidance in light of coronavirus.

The ICO is providing new guidance to organisations regarding data protection and coronavirus, which can be accessed here: https://ico.org.uk/for-organisations/data-protection-and-coronavirus/

The ICO has stated the following:

Data protection is not a barrier to increased and different types of homeworking. During the pandemic, staff may work from home more frequently than usual and they can use their own device or communications equipment. Data protection law doesn’t prevent that, but you’ll need to consider the same kinds of security measures for homeworking that you’d use in normal circumstances.”

Whether you work from home or in the office, you still need to comply with data protection laws. While you need to process personal data with the same care you use in the office, the home working environment throws up specific data protection concerns particularly in respect of data security. You should make sure you have a home working policy which deals with data protection and these data security issues.

 Organisations must ensure that, for staff who can work from home, their obligations in respect of processing personal data are clearly communicated. Organisations may already have a home working policy – if this is the case, then this should be reviewed to ensure it remains relevant and up-to-date for practices during this pandemic.

Can employers reduce their pension contributions?
  • Yes, if contributions to a defined contribution (“DC”) scheme exceed statutory minimum for auto-enrolment purposes, it may be possible to reduce employer contributions to the statutory minimum, but not further.
  • However, the processes required for reduction of DC employer contributions will necessitate obtaining legal advice:
    • Reducing employer contributions may require changes to the employment contracts of affected staff (as does the furlough process).
    • Reducing employer contributions may also require negotiation with trade unions or other staff representative forums.
    • Where group personal pensions are used, the contractual format may not permit changes of employer contributions, and hence it may also be necessary to enter into a new contractual arrangement. Choosing a new group personal pension plan is a not insignificant task in itself.
    • Employers with at least 50 employees are required to conduct a 60-day consultation process with affected employees if they propose to reduce employer contributions (but please see below).
    • Finally, it may require a change to the scheme rules and engagement with the scheme trustees if the scheme is operated under trust.
  • For DB schemes, specific considerations apply (see the last section, below).