Divorce is often a huge upheaval and emotionally draining, but stress levels will be substantially reduced when some of the uncertainty is removed and you have a better understanding of the process you are considering embarking upon.
This simple guide to the divorce process or civil partnership dissolution is intended to help explain the stepping stones you should expect and highlights some of the timeframes as well as considerations to attain your goals.
Firstly, you must be married/registered for 12 months or more before you are able to seek a divorce or dissolution.
Since April 2022, the UK now has no-fault based divorce system. Previously you would have to cite one of five grounds when applying for divorce, but this is no longer the case. Today you just need to state that the marriage has broken down irretrievably and there is no prospect of reconciliation.
To start the process, a document known as the Divorce Application is completed using the court’s online portal. You will need your original marriage certificate (or an official copy from the Registry Office) scanned in colour and uploaded to the court portal. After inputting the relevant information, you will submit the application together with a court fee of £593. In certain circumstances, this fee can be reduced.
In cases where a sole application is made (rather than a joint application) the court will then contact the respondent – the other party – explaining how to access the court portal so they can then complete an Acknowledgement of Service.
There are separate measures that can be taken if the respondent fails to complete the Acknowledgement of Service, which include personal service, allowing you to proceed to the next stage whether your spouse has replied or not.
The applicant will be able to apply for the Conditional Order (formally known as decree nisi) 20 weeks after the divorce application was issued, subject to the respondent having completed the Acknowledgement of Service.
After the application for Conditional Order is made it will be listed for a hearing (where neither party will need to attend court unless they dispute the making of the order). The court will send out notification of the date of pronouncement to both parties.
Once the Conditional Order is made, six weeks and one day afterwards the applicant can apply for the Final Order to legally end the marriage. However, it is always advisable to address the financial links between you and your spouse and you may be advised to delay applying for Final Order until the financial matters have been dealt with. Our Finances page will provide you with additional information in this regard.
Once the Final Order is pronounced the parties are able to remarry.
Please do contact us for advice before taking such a huge step forward. We have family law experts with decades of experience who can help you more forward in the best way possible.
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