Final Order

Gap #587

The assumption

I have to wait six months for the court to accept my divorce application, and then it is done.

The reality

There are two fixed waits, not one. The application is issued first. The earliest a conditional order can be applied for is 20 weeks after the start of the proceedings. The court then reviews that application, which can take several weeks. The final order, which ends the marriage, cannot be made until 6 weeks after the conditional order, and the application for it can be made 6 weeks and 1 day after. The two fixed periods add up to about 26 weeks. That is a minimum and does not include the time the court takes to review. Time passing does not settle the finances. The final order ends the marriage, and money and property are dealt with separately (see gaps 39 and 82).

Gap #471

The assumption

(Appeals) The judge ordered unsupervised contact, so that is settled.

The reality

The other parent can seek permission to appeal. If the appeal succeeds, the appeal court can make a new decision itself rather than sending the case back, where it has enough evidence. In a recent appeal, a stepped plan to unsupervised contact was replaced with monthly supervised contact.

Gap #410

The assumption

(Solicitor Letters) I have to send every document the solicitor asks for.

The reality

Before proceedings, requests for further disclosure should be "necessary, relevant, and proportionate" (PD 9A pre-application protocol para 38). Your duty of full and honest disclosure is ongoing until a final order is made (paras 32 and 34). Once proceedings have started, questionnaires go through the court, and the court decides which questions must be answered.