{"id":29491,"date":"2022-04-25T11:49:13","date_gmt":"2022-04-25T11:49:13","guid":{"rendered":"https:\/\/www.wilkes.co.uk\/?p=29491"},"modified":"2022-04-25T11:49:13","modified_gmt":"2022-04-25T11:49:13","slug":"no-fault-divorce-how-does-the-new-system-work","status":"publish","type":"post","link":"https:\/\/www.carverslaw.co.uk\/no-fault-divorce-how-does-the-new-system-work\/","title":{"rendered":"“No-fault divorce” …how does the new system work?"},"content":{"rendered":"

“No-fault divorce” …. how does the new system work?<\/p>\n

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  1. What does the statement made by an applicant to start proceedings say?<\/strong><\/li>\n<\/ol>\n

    The previous five facts which were the grounds for divorce have been removed and an applicant now only has to make a statement that the marriage has broken down irretrievably.<\/p>\n

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    1. Where and how does the applicant make the statement?<\/strong><\/li>\n<\/ol>\n

      The question is specifically asked in the application that you have to complete when applying for a matrimonial or civil partnership order; there is a simple tick box to complete.<\/p>\n

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      1. Is it possible to make a sole application for a matrimonial or civil partnership order?<\/strong><\/li>\n<\/ol>\n

        In a sole application the other party is called the respondent. If a sole application is made it cannot become a joint application later, however a joint application can become a sole application. The decision whether there should be a sole or joint application will need to be made at the outset.<\/p>\n

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        1. What happens if a joint application is made?<\/strong><\/li>\n<\/ol>\n

          The party who completes the application will be known as applicant 1 and the other party as applicant 2. If an application is made online, applicant 1 will complete the application which will then be sent to applicant 2 by email with a request that they review the information provided by applicant 1 and add any additional details. The application will then be sent back to applicant 1 who will review the further information and then submit it to the court.<\/p>\n

          If a joint postal application is made, applicant 1 can complete their information and then send it to applicant 2 to complete their information.<\/p>\n

          Whether the application is made online or by post, a Statement of Truth (which is on the form) has to be signed by both parties.<\/p>\n

          After the application has been issued, both parties will be sent separate Notices of Issue.<\/p>\n

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          1. Is it possible to make the application online?<\/strong><\/li>\n<\/ol>\n

            Applications can be made online through the digital service or by sending a paper application to the court.<\/p>\n

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            1. Do I need to be represented by a solicitor?<\/strong><\/li>\n<\/ol>\n

              You do not need a solicitor to represent you and if you decide to issue your own application you are known as a litigant in person. You may however, decide to instruct a solicitor to represent you in connection with financial matters and\/or children as these issues can become complicated and competent legal advice is invaluable.<\/p>\n

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              1. What happens if we make a joint application and one of us instructs a solicitor?<\/strong><\/li>\n<\/ol>\n

                In this situation the application will have to be made online by the solicitor unless both parties instruct the same solicitor in which case, the solicitor has to make a postal application.<\/p>\n

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                1. If I am served with an application, can I object because I do not agree that the marriage has broken down irretrievably?<\/strong><\/li>\n<\/ol>\n

                  It is no longer possible to defend an application for a matrimonial or civil partnership order or to object to an order if you do not accept that the marriage has broken down. There are very limited circumstances in which the application can be opposed which includes for example:<\/p>\n