Family Law in Five – Divorce – Where Do I Start?

Ciara James
Welcome to the first episode of the Ask Machins Family Law in Five podcast. I’m Ciara James and with my fellow host Amy McIntosh we’ll be joined by several members of the private family law team here at Machins throughout this series to discuss all things family law. In this episode we’ll be talking to Estella McMahon, a solicitor within our private family law team. Welcome Estella and thanks for joining us today.
Ami McIntosh
We’ll be discussing the basics of a divorce. If you’re at the very start of separation and thinking, where do I even begin, you are definitely not alone. It can feel very overwhelming. There’s a lot of information out there, but not always in a way that makes sense when you’re actually going through the process. Hopefully this episode will help you to understand the process better.
Ciara James
So Estella, let’s start right at the beginning. What does no fault divorce actually mean?
Estella McMahon
So since April 2022, the law has changed so that you no longer have to blame the other person for the breakdown of the marriage, hence a no fault divorce. Instead, one or both of you simply need to confirm that the marriage has irretrievably broken down.
Ami McIntosh
So I guess it removes that element of having to prove that something went wrong.
Estella McMahon
Exactly. It’s designed to reduce conflict between parties and the blame game at what is already a difficult time.
Ciara James
So thinking more practically, how do you actually start a divorce?
Estella McMahon
It’s now actually a fairly straightforward online process done through the government website and you can apply for this on your own or together. To start you’ll just need your marriage certificate and to pay the court fee which is currently 628 pounds and once that’s been submitted the process will begin.
Ami McIntosh
And if one person doesn’t want to get divorced can they actually stop this from going through?
Estella McMahon
In most cases no, that’s one of the key changes. There are now very limited grounds to challenge a divorce. things like jurisdiction or the validity of the marriage. But generally, if one person wishes to apply for the divorce, then the process will follow.
Ciara James
So once that process is underway, could you talk us through what the divorce process timeline actually looks like?
Estella McMahon
Yes, so once the application’s been issued, there’s a mandatory 20 week reflection period. That’s then followed by applying for the conditional order and then after that there’s a further six weeks and one day that you can apply for the final order.
Ami McIntosh
So that’s roughly six months overall.
Estella McMahon
Yes, six months are the most straightforward cases. The actual divorce process itself is quite structured now, but in reality what takes more time is sorting out the wider issues in respect of the finances and children.
Ciara James
So if we’re thinking from a practical perspective, if someone is thinking about starting a divorce, what should they have ready?
Estella McMahon
The key thing is your marriage certificate, either the original or a certified copy. If it’s been lost then you’ll just need to replace that.
Ami McIntosh
And what happens if the marriage certificate is not in English?
Estella McMahon
Then you can get a certified translation. Alongside that you’ll just need the basic details for both parties and payment of the court fee.
Ciara James
So it sounds relatively simple but I imagine that that’s quite important to get right at the outset.
Estella McMahon
Exactly. Accuracy at this stage and having all the documents ready helps to avoid any delays which can already make a difficult situation feel more drawn out.
Ami McIntosh
So I think people often get caught off guard here. What does the divorce not cover?
Estella McMahon
So the divorce itself will legally end the marriage. It doesn’t deal with settling the finances or making arrangements for children.
Ciara James
So let’s take the finances first. What do you think people need to understand?
Estella McMahon
So once you have the final order of divorce, financial claims between you and your ex-spouse will remain open unless they’ve been formally resolved through a court order to deal with the finances themselves.
Ami McIntosh
So you could be divorced but not actually financially separated.
Estella McMahon
Exactly, a financial consent order or a court order if you and your ex-spouse aren’t able to reach an agreement is what properly will set out how things like the family home, savings, pensions, any other assets are to be divided and will also address any ongoing spousal maintenance between you.
Ciara James
And what happens if you don’t get that order?
Estella McMahon
The risk is that financial claims can still be brought against each other in the future which is why it’s so important not to overlook this step.
Ami McIntosh
And as for children arrangements, I assume this is another separate process.
Estella McMahon
Yes, so the divorce process doesn’t determine things like where the children will live and how they spend time with each of their parents.
Ciara James
So people might be wondering how are those decisions usually made?
Estella McMahon
Often through agreement, sometimes with support in mediation or through solicitors, but if needed they can also be resolved through separate court proceedings. but the focus is always on what’s best for the children.
Ami McIntosh
So listening to all of this, it feels like there’s a lot more going on than people might expect at first.
Estella McMahon
Yes, that’s often the case. The divorce process itself is more straightforward than it used to be, but the decisions around it still carry real weight.
Ciara James
So where do you think legal advice fits into all of this?
Estella McMahon
It’s about helping you to understand your position early so you can make informed decisions. Often it’s not about making things more complicated, it’s about giving clarity and avoiding problems later on.
Ami McIntosh
So if you’re at the start of a divorce, the key takeaway is that while the process itself may feel more accessible, there are still important decisions to be made along the way.
Ciara James
And that having the right guidance early on in the process can make those decisions feel much more manageable.
Ami McIntosh
If anybody listening is going through a separation or considering starting a divorce, we offer free divorce clinic meetings weekly here at Machins where you can receive advice tailored on your own circumstances.
Ciara James
This is an excellent opportunity to talk things through in a friendly environment where there’s no pressure to progress a matter any further. More information can be found on the Machins website or you can e-mail or call us to book a place.
Ami McIntosh
Thank you again to Estella for joining us today and thank you all for listening. Join us for our next episode where we will be talking to Estella again to discuss how long a divorce actually takes.