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As we all know, the process of ending a marriage isn’t easy. Rarely, though, is it difficult because one person wants a divorce and the other doesn’t – the vast majority of separated couples tend to agree that they should pursue a divorce. Instead, it is dividing things like properties, savings, pensions and agreeing living arrangements for children that are most likely to cause disputes and prolong the divorce process.

Such disagreements can occasionally be resolved without outside assistance. More often than not, though, if the couple are unable to agree on a compromise within two to three weeks, they will struggle to do so without professional help. Many people assume that solicitors are the only option under such circumstances, but this is not the case: mediation is a viable, affordable and often effective means of resolving such disputes.

How divorce mediation can help

Mediation’s biggest advantage is that it uses a setup that is designed to minimise confrontation and disagreement by working with both spouse in a neutral setting.

Solicitors represent one spouse only and, whilst they will still encourage their clients to act reasonably and consider compromises, this hinders their ability to negotiate quickly and to give both parties’ situations full consideration.

On the other hand, mediators will hold sessions with both spouses, consider their respective positions and thoughts and advise them both accordingly. Vitally, the fact that they are present means that they are able to step in if either spouse becomes ‘deregulated’ and suggest, for example, that discussions be paused in order to provide them with an opportunity to collect their thoughts. This allows them to help keep participants calm and maintain an environment within which successful negotiations are more likely.

How much does divorce mediation cost?

Mediators, like solicitors, charge by the hour and rates generally range between £50 and £120. Whilst this means that the price you pay will be determined by the number of mediation sessions you attend, research has shown that – provided a couple genuinely want to arrive at an agreement and are willing to compromise – mediators are often able to help couples arrive at an agreement quickly.

So, whilst the fees that mediators charge aren’t insignificant, they’re still lower than those typically charged by solicitors. Combine this with the fact that they often produce results in less time and it’s evident that, whilst the cost will differ from person to person, they’re very likely to be cheaper than solicitors.

Does anything need to be done after an agreement’s been reached?

Not necessarily, but it’d be advisable that the agreement be made binding via a Consent Order before a divorce is finalised.

In what is commonly known as a clean break divorce, the divorce procedure is all but identical but with one key exception:  a formal application for a Consent Order is submitted to court following a Decree Nisi having been granted. This application will state precisely what the couple have agreed, and this will be reviewed by a family court judge. Occasionally, this will result in the applicants needing to attend a meeting with this person, but this is extremely rare and only comes about when a judge believes that an agreement overly favours one party. The vast majority of applications are approved and, following this, all facets of the agreement become legally enforceable and – save where it is later shown that one party hid assets – prevents either spouse from claiming any of the other’s assets in the future.

Do I need a solicitor?

No, you don’t. You can prepare your divorce papers yourself, in fact. Alternatively, you could always use an online divorce provider like Quickie Divorce – we’ll prepare all of the documents you’ll need to get a divorce for just £67.

Preparing a Consent Order is slightly more complicated as some knowledge of legalese (the technical language used in legal documents) is required. Fortunately, this doesn’t mean that you’ll have to pay hundreds of pounds to a solicitor. We’ll prepare it for you along with your divorce papers for just £167.

Early in 2019, it was announced that the process of applying for a divorce in the UK would be changing. It’s not yet known when these changes will come into effect, but they will represent the biggest changes to divorce law since the Matrimonial Clauses Act of 1973. You can find a summary of the most significant changes that are expected below:

The accepted reasons for divorce will change

Currently, anyone looking to end their marriage must rely on one of five legally acceptable reasons for a divorce. Following the expected changes having come into effect, the only ground will be the irretrievable breakdown of the marriage. It is anticipated that, following the law having changed, this reason alone will need to be cited and no specifics as to why the marriage has broken down will need to be provided.

Blame will be removed from the divorce process

Of the five grounds for divorce that can currently be cited, three – adultery, unreasonable behaviour and desertion – require blame to be apportioned to one party. This is frequently a cause of conflict which can cause dispute long after a divorce has been granted. These grounds are to be removed and replaced with one single ground: the irretrievable breakdown of the marriage.

By removing these grounds and reducing the amount of detail needed within divorce applications, the government will be removing blame from the divorce process in its entirety.

The divorce process will take at least six months

It is widely anticipated that new any new legislation concerning divorce law in the UK will introduce a mandatory waiting period of six months to proceedings meaning that the divorce process will take at least six months.

According to reports, this waiting period is to be introduced to allow couples time to reflect and reconsider whether they want their marriage to end.

Contesting a divorce will be harder

Currently, a divorce can be contested for any reason. When new laws come into effect, however, it’s reported that this will no longer be the case.

Instead, it will only be possible to contest divorces under specific circumstances. It has not yet been reported when it will be possible for someone to contest a divorce, though we’d anticipate it will only be possible when granting a divorce would leave one party significantly disadvantaged such as if they would be left without a home/accommodation.

The divorce process should be easier

Currently, following a spouse having filed for divorce, the court send their husband or wife (known as the Respondent) documents and requests that they complete and return them. If the Respondent does not do this, the divorce process is made more complicated. In fact, in many instances, it will be unable to proceed at all.

It’s believed that this will change and that it’ll be easier to become divorced without both spouse’s agreeing, though the precise details of how this process will change are yet to be announced.

Joint divorce applications will be introduced

This hasn’t been confirmed but several reports have suggested that joint divorce applications will be possible following the law having changed.

If it were to come into force, such a change would make the divorce process significantly easier as both spouses would effectively be providing their consent at the point of application.

Will new divorce laws be in place before the end of 2019?

Whilst we can’t say for certain, it looks unlikely.

David Gauke, the UK’s current justice secreary, has stated that the relevant legislation will be discussed in parliament as soon as time becomes available. As the rather pressing issue of Brexit will almost certainly take up too much time for this to take place before the end of the year, however, we’d expect the changes to come into effect in 2020.

What will change at Quickie Divorce?

As ever, we’ll be preparing the documents needed to obtain a divorce for our clients and will ensure they’re prepared to the highest standard. We also have a good relationship with the courts and will ensure that we’re fully equipped and clued-up on the new divorce process before it comes into effect.

In short, for our clients, it’ll be business as usual.

Can I get a no-fault divorce now?

Yes, provided you and your spouse agree to the divorce and have been living separately for at least two years, you can get divorced without blame now. If you’d like to find out more, click here to get in touch with Quickie Divorce today.

A few months ago, it was announced that the UK would be introducing legislation that would remove fault from the divorce process. In other words, when filing for a divorce, it will no longer be necessary for the filing party (the Petitioner) to blame the Respondent (the spouse not making the application) by stating that they have either committed adultery or behaved unreasonably if they have been living separately for less than two years.

Following on from this announcement, Quickie Divorce have been inundated with queries about how these changes will affect the divorce procedure, various rules, court fees and more. Well, we’re helpful by nature here at Quickie Divorce so we thought we’d write a post answering the questions we’re being asked most regularly:

When will no-fault divorce come into effect?

The need to wait for two years before it’s possible to divorce without blaming one spouse is a cause of great frustration for many couples eager for a fresh start. It’s also one of the main reasons that the law is to change – but when will new laws come into effect?

Sadly, it’s not possible to provide a concrete answer to this question. Justice secretary David Gauke announced in April that the relevant legislation would be introduced ‘as soon as parliamentary time becomes available’ but not actual date – or even an approximation – has been forthcoming.

Basically, no one actually knows when parliament will find the time to vote on such legislation and, apparently, MPs are quite tied up with something called ‘Brexit’ at the moment, so we wouldn’t expect it to happen any time soon. There’s some good news, though: it’s believed that the legislation should be voted through with very little opposition – you know, when parliament do find the time to deal with it.

Will there be a waiting period before we can file for divorce?

Yes. Nothing is set in stone at this stage, but reports indicate that couples will be required to wait six months before they’re able to file for divorce.

We’d imagine that this will mean that a couple will have to have been living separately for six months before the courts will consider an application for divorce. You can find out exactly what living separately means when placed in the context of a divorce application here.

Will there be any changes to the court fees for divorce?

Currently, when filing for a divorce, the Petitioner is required to pay a fee in order to cover the court’s administrative costs. This fee stands at £550 but most people are entitled to a discount and some do not need to pay it at all. You can find out if you’re exempt from the court fee for a divorce here.

Logically, as the divorce process will be simplified following no-fault divorce having become law, you would assume that this fee will fall. Nothing has been proposed, though, and – whilst it would seem both fair and just to do so – we doubt these prohibitively high costs are likely to change alongside the law.

Do I have to wait if I want a divorce without blame?

Not necessarily, no. If both parties want a divorce and they’ve been living separately for more than two years, they can obtain a divorce without the need to blame either party.

When filing on the grounds of two-year-separation with consent, the Petitioner is not required to provide any information as to why they and their spouse separated; all that is required is the date on which they began living separate lives. As no further information is required, neither party need be blamed for the breakdown of the marriage and no-fault is present as a result.

Will the Respondent still be able to contest the divorce?

Yes, but whilst they can currently contest a divorce application for no reason other than not wanting their marriage to be legally dissolved, the process of contesting a divorce is expected to become more structured. This means that only specific reasons for contesting an application will be deemed acceptable.

As very few Respondents actually contest the divorce and instead halt the process by simply not acknowledging they’re received a D10 form from the court, it’s widely anticipated that this portion of the divorce process will change too.

Will spouses be able to make joint applications?

It’s not yet been confirmed, but several reports indicate that changes to divorce law will incorporate procedures for couples who want to file for a divorce jointly.

Considering that the main goal of this new legislation will be to reduce the conflict that can come about because of a divorce, allowing couples to give notice of their desire to end their marriage jointly seems like a good decision to us.

In an increasingly globalised world, more and more people than ever now live in their non-native countries. As a result, we’re regularly contacted by expats enquiring about whether an English or Welsh court will be able to grant them a divorce.

Jurisdiction (a term used to describe when an authority can deal with a matter) is often quite straightforward as far as divorce law is concerned. The process of obtaining a divorce via English and Welsh law is often no more difficult for a party living outside of either country than it is for one residing there.

When one party lives in England or Wales

The most common scenario we encounter is a straightforward one: one spouse still lives in England or Wales and the other does not. Under such circumstances, the courts in England and Wales have jurisdiction and can consider a divorce application filed by either party. So, even if the Petitioner (the spouse that files the application for divorce) does not reside in the UK, they can still file for a divorce here and, provided their divorce is uncontested, there is no reason why they could not use the services of an online divorce provider such as Quickie Divorce.

If the Petitioner lives in England or Wales and their spouse resides abroad, then the courts are still able to grant them a divorce. The Petitioner should be made aware of the fact that whilst it’s possible to obtain a divorce without the Respondent’s express consent when both parties live in England or Wales, doing so when the Respondent lives abroad is not possible.

If a divorce relies on the fact that the couple in question have been living separately for more than five years or that the Respondent has behaved unreasonably, then the divorce can proceed without the Respondent informing the court that they consent to it. In order for this to happen, however, the Respondent must be handed documentation (specifically the Divorce Petition filed by the Petitioner and a copy of form D10) by a court-appointed process-server. Unfortunately, the courts do not offer this service when the Respondent is located outside of England or Wales.

What if you know your spouse lives abroad, but you don’t know where?

If someone knows that their husband or wife has moved abroad, but they do not know where, they can obtain a divorce without their spouse’s knowledge provided they have tried to locate them and follow a modified application procedure. You can find out more about this here.

Conclusion

Provided one party lives in either England or Wales and both want a divorce, there is no reason why they cannot use the services of a company like Quickie Divorce and save themselves thousands of pounds in solicitors’ fees.

When both parties consent to a divorce, the process is much easier. Whilst there are instances where consent is vital, and it is therefore strongly recommend that it is sought before filing, there are also those where obtaining consent before starting the divorce process is, whilst still advisable, far from absolutely necessary.

When consent is essential

If the reason for the divorce being sought is two-year separation, then the divorce will not be granted without both parties’ consent. The spouse that files for the divorce (the Petitioner) confirms that they want a divorce by sending a completed Divorce Petition to their nearest divorce centre. The party that receives the application (the Respondent) will need to confirm that they, too, want their marriage to end by then completing and returning a D10 form (which they will be sent along with a copy of the Divorce Petition their spouse filed) to said divorce centre.

If the Respondent refuses to do this, the divorce will not be able to proceed – hence why it is so important that anyone that intends to file on this ground ensures that their spouse also wants a divorce before starting the process.

Why consent is needed in an adultery-based divorce

Whilst it is technically possible for a divorce to be granted without consent when adultery has been cited as the relevant ground, the Petitioner will need to prove that the adultery took place. As this is a highly problematic task, it’s nigh on essential that the Respondent’s consent is sought before a divorce is sought on this ground.

When consent isn’t essential

Divorces that rely on the fact that the parties have been living separately for at least five years or the Respondent having behaved unreasonably can proceed without both parties’ consent.

Under such circumstances, the Petitioner can use a process server to deliver the documents to the Respondent by hand. Once this has been done, the divorce can proceed without the Respondent’s consent.

Alternatively, if the Petitioner does not know the Respondent’s address then, provided they have tried to locate them, they can actually get a divorce without their spouse being informed. You can find out more about this here.

Why it’s always advisable that consent is sought

If someone doesn’t know where their spouse is, they clearly cannot enquire as to whether they would consent to a divorce. In all other circumstances, however, it is advisable that consent be obtained before filing for divorce if possible.

The divorce process can be extremely stressful when there is any uncertainty surrounding the process. By ensuring that consent has been obtained beforehand, people can save themselves from significant worry and anxiety.

Under certain circumstances, one spouse can divorce their husband/wife without them knowing. If spouses are estranged, unaware of where each other live and one attempts to find the other’s address but is unsuccessful following a comprehensive search, they may be allowed to end their marriage without the other party’s knowing – provided the divorce relies on the grounds of desertion, unreasonable behaviour or five-year separation.

What steps should I take to find my husband/wife?

As we’ve stated previously, the courts will expect any applicant that requests a divorce without knowing their spouse’s whereabouts to have made every reasonable effort to locate this person. As a result, there are several things that will need to have been done before the courts will even consider such a request.

Officially, the Ministry of Justice recommends that anyone in such a position contact their spouse’s relatives, friends, their last known employer or members of trade unions or other professional organisations. We’d also suggest that the local electoral roll be checked and, if all else fails, the services of a private detective be sought – preferably on a ‘no find, no fee’ basis. You can even contact your regional divorce centre and request that they liaise with other government departments to try and locate your spouse, though this will cost you a fee of £50.

If none of the above yields the desired result, then it’s possible to ask the court to grant a divorce without any documents being sent to the responding party.

How to apply for a divorce without your spouse’s address

If you want a divorce but don’t know your husband/wife’s address, you’ll need to complete form D13B and send this to the court along with the standard form D8. Provided a judge is satisfied that sufficient efforts to locate this person have been undertaken, they will allow the divorce to proceed without the need for them to be contacted.

Why neither two-year separation nor adultery can be used

A divorce that relies on two-year separation explicitly requires the consent of both parties whilst one dependent on adultery requires either the offending spouse’s confession (for want of a better word) or outright proof.

Naturally, a party cannot consent to the divorce if they are unaware of it. Adultery, on the other hand, is exceptionally difficult to prove when a spouse’s whereabouts are known and its virtually impossible to prove when this information is not available.

Conclusion

Provided someone has been unable to locate their spouse in spite of strenuous efforts to do so, they can indeed get a divorce without their husband/wife’s knowledge provided they’re relying on the grounds of unreasonable behaviour, desertion or five-year separation.

Quickie Divorce offer several packages ranging in price from £37 to £167. In addition, a filing fee of £550 is payable to the courts, though you could have this reduced or even waived entirely. You can find out if you can get help with the court fee for a divorce here.

Each of our packages include different features and are designed to meet the needs of various customers who are seeking a low-cost alterative to solicitors for their uncontested divorce. The details of each package – including their cost, features and the audience they were created for – can be found below:

Three Minute Download Service

Designed with those who are confident completing legal forms in mind, our Three Minute Download Service includes all of the forms required to file for, and obtain, a divorce. In addition, every client that purchases this service is provided with vector diagrams, showing precisely how each form should be completed.

This package costs just £37 and, once payment’s been made, all documents – including vectors and guides – can be downloaded instantly.

Personalised Service

For those people that want a little bit more help, our Personalised Service – available for just £67 – includes the completion of every form you’ll need.

Yes, that’s right, from the Divorce Petition right through to the application for a Decree Absolute, we’ll complete everything for £67. A single mistake on any form will result in not just a slower process but also further fees. With Quickie Divorce in your corner, though, you needn’t worry. If any document is rejected any stage (and this is highly, highly unlikely) we’ll take care of it – even if you need an amended Divorce Petition.

In short, customers that purchase our Personalised Service are provided with an extra layer of protection against financial loss. Our next package provides even greater protection.

Personalised Plus Service

As well as having all of their documents completed for them, customers that opt for our Personalised Plus Service will also benefit from the addition of a Consent Order – all for £167.

Typically known as a ‘Clean Break Divorce’ Consent Orders are used to finalise agreements that spouses have reached concerning the division of their finances and assets. Once finalised, the agreement becomes legally binding meaning that both parties are obligated to fulfil its various terms and, most importantly of all, are not able to make any future claim on their former spouse’s assets.

If the division of finances and assets is not dealt with, then spouses remain financially linked even after their divorce has been finalised. In some cases, awards have been made in spite of the fact that the parties had been divorced for several years and the assets claimed had been earned post-divorce.

Even if a couple have no assets to divide, we still recommend that a Consent Order be obtained as it is the only way to ensure that a claim cannot be made in the future.

Conclusion

Quickie Divorce offer three separate packages with costs ranging from £37 to £167. A court fee of up to £550 is also payable when filing though many people can have this fee discounted whilst others will not need to pay it at all.

Have you been looking into the divorce process in the UK? If you have, you’ll certainly have encountered the terms ‘Petitioner’ and ‘Respondent’. These terms are used to describe the roles each spouse will play throughout their divorce as it progresses through the courts – but how are they defined and what will each spouse actually need to do in order to get a divorce? Well, we’re here to tell you.

Which spouse is the Petitioner, and which is the Respondent?

In order to formally apply for a divorce, one spouse needs to complete a form (known as a Divorce Petition or form D8) and send it to their nearest divorce centre. The spouse that completes and submits this form becomes the Petitioner. The other spouse will receive a copy of the petition along with a form (known as a D10) that they’ll be asked to complete and return to the divorce centre that is dealing with the application. This spouse is the Respondent.

What else do the Petitioner and Respondent do?

Once they’ve completed and returned form D10 to the relevant divorce centre, the Respondent’s role in the divorce process itself is all but done. They may wish to become involved in the divorce at a later stage and should be involved with related matters such as the division of assets (more on this later) but the majority of the work is done by the Petitioner.

As part of the divorce process, the Petitioner will not only need to complete a Divorce Petition, but also at least three other forms. The Divorce Petition starts the divorce process, the Respondent moves it forward by completing and returning form D10 with the Petitioner responsible for fulfilling the remaining processes including the task of applying for both the Decree Nisi and Decree Absolute.

Do the Petitioner or Respondent pay the court fees?

Technically, as the court fee is paid at the point of submission (or shortly afterwards if the payment is to be made by card), it is the Petitioner that is responsible for paying it.

That said, when a divorce is amicable, there are numerous informal solutions. For example, Respondents that have agreed to pay the entire fee have transferred the money to the Petitioner’s account or paid it to them in cash. Other couples have agreed to split the bill and the Respondent has provided the Petitioner with the required funds. Some Respondents have even allowed the Petitioner to pay these fees with their credit cards!

If the divorce isn’t quite so friendly, the Petitioner can formally request that the Respondent be ordered to pay these costs. They’ll still have to pay the fee up-front, though. A judge will then decide if the Respondent should reimburse the Petitioner, either in fill or in part, at a later date.

We’d recommend that you check if you have to pay the court fee before filing, though. A lot of people don’t need to pay anything at all and even those that aren’t quite as lucky will need to pay significantly less than the full £550 fee. If you don’t claim, the courts will charge you the full fee so make sure you look into this and send a completed EX160 along with your Divorce Petition if you’re eligible.

Does the Respondent have to do anything else?

Well, they can file for the Decree Absolute if the Petitioner doesn’t do so within three months of them being able to do so (i.e. six weeks and one day after the date their Decree Nisi is pronounced) by completing and submitting form D36 to the relevant Divorce Centre. Importantly, though, they’re going to have to be involved in negotiations regarding the division of assets.

So, should I be the Petitioner or Respondent

In all honesty, there really is no distinct advantage to either. If you’re lucky enough to be pursuing a divorce that’s low-conflict, the only strenuous part of the application is completing a Divorce Petition that relies on a fault-based ground which – in uncontested divorces – is rare. Of course, if your divorce is amicable and you need to cite adultery or unreasonable behaviour, you can simply complete the petition together and share the burden.

Sadly, if the divorce is contested, it’s going to be a testing period irrespective of whether you’re the Petitioner or the Respondent.

It’s official: after years of cajoling, hinting and, well… harassment from those working within the field of family law, the government has relented, and no-fault divorce will soon be available within the UK.

Following this announcement, Quickie Divorce have been inundated with calls from people wanting to know if they should wait until the law has changed before they file for their divorce. As with most queries we receive, our answers differ depending on the circumstances of the person asking.

Fault-based divorce can still be amicable

We’ve written about how no-fault divorce is already possible when couples have been living separately for more than two years, but a divorce doesn’t have to be acrimonious when unreasonable behaviour or adultery are used.

Whilst critics of fault-based divorce have correctly stated that these grounds often make a divorce more acrimonious and adversely affect the parties involved, particularly children, it’s important to note that using them does not guarantee a difficult divorce.

Usually, these grounds lead to difficulties because one spouse is unwilling to accept that they were responsible for the end of their marriage which, considering that relationships rarely fail exclusively because of one person, seems pretty reasonable. Often, though, couples are able to agree that they will use these grounds and are able to obtain a divorce which, whilst it relied on fault, harmed neither them nor their children.

Why fault-based divorce is misunderstood

People make a number of inaccurate assumptions about fault-based divorce and these are often the cause of discontent and discord.

It is commonly believed, for example, that the reasons that are put forward when unreasonable behaviour or adultery is used will be made public. This is not the case and the UK’s courts are subject to the same data protection laws as any other company, organisation or institution and treat all information that is submitted to them with the utmost confidentiality as a result.

The most common misconception that discourages couples from using this ground concerns the divorce settlement. It is typically assumed that, if a fault-based ground is used to justify the divorce, that the spouse that accepts the blame will be adversely affected when the couple divide their assets. It’s a logical view, but it’s also false.

More often than not, divorce settlements are agreed without the need for the courts to determine who gets what. Even if a couple do need the courts to rule on the division of their finances, properties, pensions etc. the grounds of the divorce do not influence their decision in any way.

What if the divorce is contested?

As well as removing blame from proceedings, reformed divorce laws are also expected to prevent either party from contesting the divorce. In effect, this means that it will no longer be necessary for both spouses to agree to a divorce before the simple, standard procedure can be used.

Currently, a divorce can be obtained without both parties’ consent if the fault-based grounds are used or the couple have been living apart for five years or more. Using the fault-based grounds can be difficult, however, whilst – provided the person applying for the divorce knows where their spouse lives – doing so whilst relying on five-year-separation is significantly easier. They’ll need to spend some extra money on a process server to hand deliver the relevant documents to their spouse but, provided this is done successfully, finalising the divorce will be a straightforward process.

Conclusion

If both parties want the divorce and one is willing to accept the blame, there’s no need to wait for fault to be removed from the divorce process. Similarly, if a couple have been apart for more than two years, they can get a no-fault divorce now if they agree their marriage should come to an end.

The only circumstance under which we would recommend someone wait for changes to be made to the UK’s fault-based divorce laws would be if they’ve been separated for less than five years and one spouse does not agree to a divorce.  

Once a divorce has been finalised, many people want to revert back to their maiden name as soon as possible. In spite of this, a surprisingly large number of people keep their married name. Not because they want to, but because they don’t know what they’ll need to do in order to officially revert back to their former surname.

The good news is that changing your name post-divorce is surprisingly easy. What’s more, once this has been done, changing the name companies, organisations and public bodies hold on you is also straightforward.

You’ll need a Deed Poll

The majority of service providers and public institutions will be able to change a person’s name after they’ve been provided with proof of the fact they are now divorced (i.e. a Decree Absolute). Others, though (usually financial institutions like banks and building societies) will also request a copy of your marriage certificate. As it’s necessary to submit this document to the court as part of any application for a divorce and it is not returned following the process having concluded, however, this poses a problem.

Should someone wish to change the name with such an organisation, they are left with two options: order a replacement copy of their marriage certificate or get a Deed Poll.

We’d always recommend people get a Deed Poll following a divorce because the process of obtaining one is quick, simple and cheap. Usually, an informal Deed Poll can be prepared without assistance (though you’ll need two people to sign the form as witnesses), meaning that it’s completely free. You can find the wording you’ll need to prepare your own Deed Poll here.

What if a Deed Poll you’ve prepared yourself isn’t accepted?

Whilst most companies and organisations will be happy to accept a Deed Poll you’ve prepared yourself as proof of the fact your name has changed, some will require something more official.

Under such circumstances, a Deed Poll that has been approved and issued by the courts (known as an enrolled Deed Poll) will be required. Getting one is relatively straightforward but will involve completion of a standard form. You’ll also need to pay a fee of £36.

Do I need to change my name following a divorce?

In short, no; there is no obligation, legal or otherwise, for someone to revert to their maiden name following a divorce. The decision to retain their married name or return to their former name is entirely personal.

Many people opt to keep their married name in order to have the same surname as their children. Others have been married for several decades and are concerned that most people have never known them by any other name. Some even retain their married names because they simply see no need to go through the hassle of changing it.

Are there any benefits to changing your name following a divorce?

Whilst there aren’t any overly obvious benefits to changing your name after your divorce has been finalised, many people claim that doing so is cathartic.

Changing their name, they claim, helps them to move on; to view the end of their marriage an opportunity to begin a new, happier life and to think of the end of their marriage in a more positive way.  

Ultimately, it is entirely up to you whether or not you should change your surname following your divorce.

 

It’s more than likely your biggest asset so, if you and your spouse are separating or divorcing, you’re probably concerned about what’s going to happen to your home. During what is already a very difficult period, such concerns can bring about discomfort and anxiety. In fact, our team are contacted by people who, having made the decision to divorce/separate, want to know which party will be responsible for paying the mortgage on a daily basis. In each instance, these queries are met with the same response:

Do you have a joint mortgage?

As mortgage applications are far more likely to be approved if they are made jointly by both parties, the majority of couples apply for and are granted joint mortgages. Both are therefore responsible for ensuring that the mortgage is paid; this does not change because one person leaves the property.

It’s becoming increasingly common for couples to separate but remain in the matrimonial home and, when such circumstances apply, both parties will have sufficient reason to continue to pay their share of the mortgage. When one leaves, however, that person is often reluctant to pay for a property they no longer live in. If the remaining party can afford the monthly payments, then this is – whilst certainly irritating – not going to result in their eviction. If they cannot, however, this can lead to a significant problem that will adversely affect both parties long-term.

As we’ve stated previously, both parties are responsible for ensuring their mortgage is paid in-full and on-time and their credit ratings will suffer if payments are missed. They may even find that their lender takes them to court to try and retrieve any money they are owed.

If the non-resident party are unwilling to pay their share of the mortgage, we’d strongly recommend that the lender is informed of this and a ‘payment holiday’ requested. This will buy both parties some time to negotiate and arrive at a conclusion that works for everyone.

What you can do with your home/mortgage when getting a divorce

After a couple separate, there are a number of things that they can choose to do with the matrimonial home. These include:

1. Sell it

If the couple opt to sell the property, they can divide the equity after they’ve paid off what was left of the mortgage.

This is a straightforward solution but, thanks to things like estate agent’s fees, it’s not cost-effective. It’s also highly-disruptive for children.

1. Transfer the mortgage to one party

Should a couple agree on who’ll live in the property, the residing spouse can pay their husband/wife a lump sum for their share of the home and request that their lender remove this party from the mortgage.

Before doing this, it’s vital that the relevant individual ensure that they’ll be able to afford the monthly payments and their other expenses. Failing to do so can, and has, caused many people significant problems.

If the lender deems transferring the mortgage to just one party to be too risky, then a guarantor mortgage could be the answer. With these mortgages, a close relative or even former spouse guarantees that they’ll pay the mortgage if the holder finds themselves unable to. Whilst this’ll significantly increase the likelihood of a lender transferring a mortgage to one party, though, the guarantor will certainly be taking a considerable risk and a better option could be:

1. The non-resident spouse continues to pay the mortgage

Now, this may sound unappealing but bear with us for just a moment; we’re not suggesting that the non-resident spouse continue to pay the mortgage indefinitely and for no reason. Instead, they can continue to pay the entirety or a portion of the monthly fee in exchange for a share of the property’s equity. This can – and really should – be accompanied by a Clean Break Order that states what percentage of equity they’ll have, as well as a deadline for the property to be placed on the market by way of a guarantee.

1. Pay off the mortgage

Again, this one might sound nonsensical but, if the mortgage could be paid off in a few years, both parties should continue to pay it as normal. This would need to be combined with a Clean Break Order specifying what percentage of the home both spouses would have and whether it would be sold at a later date and the proceeds divided, or whether one party will instead purchase the others share. 

How to deal with negative equity when divorcing

Negative equity, which occurs when the value of a home is less than the amount owed to a lender, makes it virtually impossible to sell a property and pay off the remaining mortgage with the proceeds.

Under such circumstances, it can make sense for both parties to continue to pay the mortgage even if one no longer lives in the property. If the value of the property has diminished due to a slump in property values, continuing to pay the mortgage until the market recovers can make fiscal sense. A Clean Break Order stating when the property should be sold and how the proceeds will be divided should be obtained, however.

What if you can’t agree on what to do with your home after divorce

Couples that are able to agree on what they’ll do with the family home after they separate will enjoy several benefits, chief amongst which are significantly smaller legal bills and less conflict. If an agreement cannot be reached, however, then both spouses should seek legal advice. It will cost them but, ultimately, it’ll will be money well spent.

Conclusion

The person or persons named on the relevant mortgage will be responsible for ensuring that it is paid irrespective of whether they reside at the relevant property or not.

Beyond this, deciding on what to do with their home following a divorce is a task that most separating couples find to be problematic – but there are a number of options available to them.

The best course of action will be determined by the couple’s circumstances and, whilst it’s always recommended that they try and reach a decision without a solicitor, it’s advisable that they do if negotiations get difficult.

More often than not, a couple’s home is their biggest financial asset and it’s vital that what they do with their home during a divorce is fair and meets the needs of both parties as much as possible.

To some, the question ‘who gets custody of the dog after a divorce?’ will be deeply trivial; the divisions of assets such as property, savings and pensions are, they’d argue, key to a settlement and everything else is superfluous. To others, the destination of the family pet is more important than anything.

Herein lies the rub: a dog, cat, goldfish or any other pet is, within the context of a divorce settlement, considered to be a possession. Whilst the separating couple will be concerned with their pet’s wellbeing, the legal system views the animal no differently to a car or television. This means that the creature’s welfare will not be considered if the courts are asked to rule on where a pet should live.

Should a divorcing couple be unable to agree on residency arrangements for a pet, it’s likely that the court will consider who paid for the animal as well as who paid for their food, vet bills etc. when ruling on who should keep them. This means that pets are treated in much the same way as, say, a car would be in these proceedings. The bond that owners so often forge with their pets makes the task of deciding which spouse will keep them infinitely harder than agreeing who keeps a piece of furniture or ornament, however.

How can a separating couple decide?

Fortunately, there is an approach which, whilst it is not certain to resolve dispute, does increase the likelihood of a solution being found: working hard at being as dispassionate as possible.

It’s not easy but working at putting emotions to one side is the only way contentious matters regarding settlements are achieved without help. Key to making such discussions fruitful, though, is the need for those involved to be tolerant of the fact that the other party will become emotional at times. If both allow their feelings to take control, there is no way negotiations will be even partly successful.

What you should consider

There are a number of other things you’ll need to take into consideration when deciding where your pet will live, chief amongst these are:

1. Should the children live with the family pet?

This is something of a double-edged sword. On the one hand, the children probably love their family pet even more than their parents and so it can be logical to conclude that it should live with them. On the other, the parent that no longer cares for the children is likely to live alone and would therefore benefit from the company.

Parents, however, need to put the needs of their children before their own and accept that the family pet should remain with the children. By way of a compromise, the animal could accompany the children whenever they stay with their non-resident parent.

1. Who’s best placed to care for your pet?

If it’s possible to objectively determine which person is able to provide the animal with what it needs, then it’s evident that’s who they should live with.

If, for example, the pet in question is a large dog and one spouse enjoys long walks whilst the other doesn’t, it’s logical that the dog lives with the former. If one party works part-time, they’ll have more free-time and, again, be more able to care for a pet as a result.

1. Could you share custody of your pet?

Whilst it’s an option that a separating couple will need to consider carefully, there’s no reason why a pet cannot reside with both on a shared basis.

Granted, such an arrangement could be inconvenient (it’s completely impractical if it’ll involve a substantial commute) but, by providing both parties with a bit of what they want, it could also be the best way of resolving the dispute.

Conclusion

When both spouses have developed an emotional attachment to it, deciding where a family pet should live post-divorce is no mean feat. If the couple genuinely care about the welfare of their pet, however, the importance of making such a decision without the assistance of the courts cannot be understated.

In legal proceedings, pets are treated in the same way as all other items and their living arrangements will be decided not by considering what will best suit their needs, but which party’s money was used to purchase, feed and house it. The only way for a couple to ensure that the animal’s needs determine arrangements is to agree them without the need to go to court.