What is a general divorce?

1. What is a general divorce?

The exact meaning of mutual divorce is always subjective.
Some people believe that this is a situation where the husband and wife have mutually and amicably decided that they want to end the marriage and therefore want a divorce by mutual consent.
Another meaning is that whether both want to separate or not, both agree that divorce is inevitable. For example, a spouse does not want to separate but still accepts the other's decision.

This is essentially one of the main problems with the old divorce procedure, because from a legal perspective, before the divorce law in the UK changed, there was no possibility of filing a joint application for divorce.
At that time, there was only one legitimate reason or “ground” for divorce: the marriage was irretrievably broken.

To prove that a marriage has broken down irretrievably, one of the following five “facts” was chosen to initiate a divorce petition:
Adultery
Unreasonable behavior
Desertion
Separation for 2 years with consent
Break up after 5 years without consent
The closest option to "mutual divorce" is the "2 year separation by mutual consent" option, which means the husband and wife must be separated for at least two years and both agree to divorce.

To speed up the process and achieve a "quick divorce", couples often resort to the option of infidelity or unreasonable behavior - even when there was no actual infidelity or unreasonable behavior. - for the sole purpose of divorce by mutual consent. With the introduction of the No-Fault Divorce Bill, which became law in April 2022, the procedure has now removed the five events mentioned above, replacing them with a "Declaration of Irretrievable Breakdown" may be filed jointly or by one or both parties.
In effect, this provides a much simpler path to divorce between the two parties, while also eliminating the possibility of either spouse objecting to the divorce.

2. How to get a mutual divorce in the UK?

As we saw above, a mutual divorce is essentially a no-fault divorce in England and Wales.
After the couple has agreed to divorce, the first step is to choose how to file for divorce. You have a few different options, but here's a simple breakdown.

First of all, do you want to file for divorce together or just one person file for divorce? Next, you will need to decide whether you will file for divorce yourself, get an online divorce, or have an attorney represent you. Below are some useful links to help guide this decision
What are the benefits of online divorce? Why should you choose Online Divorce instead of divorcing yourself? How does Gov.uk compare to online divorce? Once you have decided on these methods, you will be ready to begin your divorce. It's also important to note that if you have any financial arrangements that need to be resolved, such as dividing pensions, property, savings or investments, you should do that during your divorce.

Agreeing a financial settlement is the first step, but having a lawyer draft a financial consent order and having it approved by the court are the steps you need to take to make it legally binding.

3. How long does a divorce take in the UK? The new no-fault divorce procedure includes 8 steps:

STEP 1 – You start filing for divorce
STEP 2 – The court sends your partner a copy of the divorce petition and an Acknowledgment of Service (AOS) to return within 14 days. A 20-week reflection period will then begin.
STEP 3 – You request a conditional order
STEP 4 – The court reviews your request
STEP 5 – The court grants a conditional order. This begins a six-week period of reflection before moving on to the next step.
STEP 6 – Request financial order. You can submit your financial consent order to the court for approval.
STEP 7 – You register your final order
STEP 8 – The court issues a final order and you are officially divorced
Looking at these stages, how long does a divorce typically last? In reality, a divorce will take about 6-7 months if there are no delays. How much does a general divorce cost? With the new no-fault divorce procedure, the cost of divorce between both parties is now much cheaper than the previous contested divorce.
Divorce-Online offers a wide selection of divorce services, saving the average client over £750 in divorce costs.

Q&A

Question 1: What is a general divorce?

Answer 1: A general divorce, often referred to as a "no-fault divorce" or "uncontested divorce," is a legal process where a married couple seeks to end their marriage without proving that one party is at fault. In this type of divorce, the spouses typically agree that their marriage is irreparable due to reasons like irreconcilable differences, and they both consent to the divorce.

Question 2: What are the key features of a general divorce?

Answer 2: The key features of a general divorce include:

• No need to prove fault or wrongdoing by either spouse.
• Mutual consent of both spouses to end the marriage.
• Typically involves an agreement on issues such as property division, child custody, and support.
• Generally less adversarial and contentious compared to contested divorces.

Question 3: What are the advantages of pursuing a general divorce?

Answer 3: The advantages of pursuing a general divorce include:

• Generally quicker and less expensive compared to contested divorces.
• Allows couples to maintain more control over the divorce process and its outcome.
• Reduces emotional stress and conflict associated with proving fault.
• Encourages cooperation and amicable resolution of issues.

Question 4: What are the steps involved in a general divorce?

Answer 4: The steps involved in a general divorce typically include:

1. Preparation: Gather all necessary documents and information, including marriage certificates, financial records, and details about children (if applicable).

2. Filing: File a divorce petition or complaint with the appropriate family court, stating the grounds for divorce (often irreconcilable differences).

3. Service: Serve a copy of the divorce papers to your spouse according to legal requirements.

4. Negotiation/Settlement: Collaborate with your spouse to reach agreements on property division, child custody, and support.

5. Court Approval: Present your agreement to the court for approval. If the court finds the agreement fair and in the best interests of any children involved, it may grant the divorce.

6. Finalization: Once the court approves the agreement, finalize the divorce and obtain the necessary documents to officially end the marriage.