*Divorce can be one of the most challenging experiences in life, both emotionally and practically. Understanding the process can help ease some of the stress and ensure you approach each step with confidence and clarity.
In this article, we take you though the process, highlighting key steps, timelines, and considerations to help you navigate this difficult time.
Step 1: Eligibility
Before making a divorce application, you need to confirm if you are eligible. In the UK, you can apply for a divorce if:
– You have been married for at least one year.
– Your marriage has irretrievably broken down.
– Either you or your spouse is domiciled or habitually resident in England or Wales
Step 2: The Introduction of No-Fault Divorce
As of April 2022, the UK no-fault divorce system was intoroduced in England and Wales. This reform eliminates the need to assign blame for the breakdown of the marriage, making the process less contentious.
Under the new system:
– There is no need to provide reasons like adultery, unreasonable behavior, or separation.
– Couples can apply jointly or individually for a divorce.
– A minimum 20-week reflection period is required from the start of the application to the conditional order (formerly decree nisi).
This simplified approach is designed to reduce conflict and help couples focus on reaching amicable agreements.
Step 3: The Application
The divorce process begins with filing an application, usually via the online HMCTS portal. You will need:
– Details about your marriage, including the date and place of the wedding.
– Your spouse’s name and address.
– A copy of your marriage certificate (translated if not in English).
The court charges a fee for processing the application, which is currently £593.
Step 4: The Acknowledgement
Once the application is submitted and reviewed by the court, it will be issued and a copy sent to your spouse. They will be asked to respond to the application by completing an acknowledgement of service.
Only in very rare circumstances can divorces be contested. In addition, even if your spouse refuses to respond there are still steps you can take to prove they received the application and ask the court to progress the divorce.
Step 5: The Conditional Order
After the 20 week reflection period, you will be able to apply for the conditional order (previously decree nisi). This is a formal statement from the court confirming that you meet the legal requirements for divorce. It is not the final stage but a crucial milestone in the process as if you have agreed a financial order, it can now be submitted to the court for approval.
Step 6: The Final Order
After a six-week period following the conditional order, you can apply for the final order (formerly decree absolute). This legally ends your marriage and it is important to keep a copy safe as you will need it if you plan to remarry or update other documents.
Key Considerations During the Divorce Process
Financial Settlements:
Divorce does not automatically resolve financial matters. You and your spouse must reach an agreement on the division of assets, liabilities, pensions, and maintenance payments separately. This can be done through many different methods including negotiation, mediation, or as a last resort, court proceedings. Financial agreements should be formalised in a financial consent order and approved by the court to make it legally binding.
Arrangements for Children:
If you have children, decisions regarding contact, living arrangements, and financial support need to be addressed separately.
How Long Does the Process Take?
The no-fault divorce process is designed to be quicker and less adversarial – taking a minimum of 26 weeks. However, the timeline can vary depending on individual circumstances. A straightforward divorce with no financial disputes may take six to eight months but a complex financial or child-related dispute can extend this timeline.
Do You Need a Solicitor?
While it’s possible to handle a divorce without legal representation, working with a solicitor ensures your rights and interests are protected. A family law solicitor can:
– Advise you on legal and financial matters.
– Help negotiate fair settlements.
– Represent you in court if needed.
If you’re considering divorce and need expert guidance, our team of family law specialists is here to help – we even offer a fixed-fee to assist with a divorce. Contact us today for tailored support at every stage of the process.
