Getting a divorce marks the end of one chapter in your life and the dawn of a new one.
Everyone feels differently about turning the page and starting afresh. Some people may be excited for a new start, whilst others may feel fear, sadness, or a profound sense of loss. Whatever you feel is valid, it’s important to give yourself time and space to get to grips with the new direction your life is taking.
Starting divorce proceedings is the first step towards your new future. It’s a big step to take and one that can seem complex at first. However, with the right advice and support, it needn’t be overwhelming.
Here at Mark Reynolds Family Law Solicitors, we understand that this is a challenging time, and we’re here to make the divorce process as smooth and straightforward as possible.
We’ve created this useful guide to the UK divorce process to provide practical support every step of the way. If you need any further help or advice with the process of divorce in England, don’t hesitate to get in touch with our team of expert divorce solicitors, and we’ll be happy to help.
How does the divorce process work in the UK?
So, how does divorce work?
Divorce is a legal process that formally ends a marriage after it has irretrievably broken down.
It’s important to note that divorce laws in Scotland and Northern Ireland differ slightly, so it’s advisable to seek advice specific to your location if you’re outside England and Wales.
In England and Wales, you must file for a divorce and then follow a set legal process to obtain a final order (decree absolute), which will finalise your divorce.
You can only get a divorce after you have been married for at least one year. If you haven’t yet been married for a year, you will need to apply for a judicial separation instead.
The key stages of divorce include filing a divorce application, securing necessary court orders, and making financial or childcare arrangements.
The new divorce process explained
In 2022, the divorce process in England and Wales became a lot simpler due to the introduction of no-fault divorces.
Since no-fault divorces were introduced, couples are no longer required to prove blame or fault to get a divorce. Now that there is no need to provide a specific reason for the breakdown of a marriage, the process instead focuses on reaching a fair outcome and formally ending the relationship.
The new system has helped to reduce conflict and makes divorce proceedings more straightforward.
The divorce process UK step-by-step guide
If you’re wondering how to start divorce proceedings, we’ve created a step-by-step guide to help you through the process and let you know what to expect. The new system makes divorce primarily an administrative process. The divorce timeline can be roughly divided into the following eight stages.
- Start a divorce application
You can either make a joint application for divorce or apply on your own. The application can be made online through the .gov website or by post and costs £593. The fee is usually paid by the person making the application.
- Acknowledgement of service
After you submit your application, it is sent to the court. If you applied for the divorce on your own, your partner is then sent a copy of the divorce papers and an acknowledgement of service (AOS). They then have 14 days to respond to the notice by either accepting or disputing the application.
When the divorce proceedings start, a mandatory 20-week reflection period begins. This period gives the couple time to reflect on whether divorce is definitely what they want, and if so, agree on practical arrangements about how assets will be divided and children will be cared for.
- Application for a conditional order
After 20 weeks have passed, you can apply for a conditional order (previously known as a Decree Nisi). A conditional order is a document that confirms that the court has granted you permission to divorce. If you made your divorce application online, you can apply for a conditional order online too.
- The court reviews your application
The court will now review your application to ensure that all requirements have been met; this step can take several weeks.
- The court grants a conditional order
If the court finds no reason to prevent the divorce, it will then send you a conditional order certificate. The certificate will state the time and date that you’ll be granted a conditional order. After the conditional order has been granted, a 43-day (6 weeks and 1 day) cooling-off period begins.
- Application for a financial order
Once you have your conditional order, you can apply to the court to approve your financial order. A financial order is a legal document that lays out how your money and other marital assets are to be split and the cost of child maintenance. This stage is not mandatory but is highly recommended as it helps to ensure clarity and prevent future disputes.
- Application for final order
Once the 6-week and 1-day cooling-off period has passed, you can apply for the final order (decree absolute). This final step usually only takes 24-48 hours to complete.
- Court approves final order
The court will now check that the time limits have been met and that there are no other reasons not to grant the divorce. Once the final order has been approved, you will both be sent official documents confirming that your marriage has been legally dissolved. You are now legally divorced and free to marry again if you wish.
Sorting your finances following a divorce
One of the most important aspects of getting a divorce is reaching an agreement about how financial matters will be resolved and assets split. This is usually done using a legally binding agreement to prevent disputes and financial claims in the future.
The first step is to sit down and identify assets, debts, and ongoing financial responsibilities. An agreement must then be reached about how assets and debts will be split and ongoing financial responsibilities like spousal or child maintenance will be covered. This can either be done by direct negotiation or with the help of mediation or solicitors.
If an agreement cannot be reached, then a court application may be necessary, where a judge makes the final decision. It is usually preferable to decide between yourselves rather than letting it go to court, as court proceedings can be time-consuming, costly, and emotionally draining for both parties. Additionally, reaching an agreement together gives you more control over the outcome.
Common questions about getting divorced
How long does the process take?
On average, you can expect getting a divorce to take 6 – 12 months, depending on how long it takes for an agreement to be reached and how complex your case is.
Can my spouse prevent divorce proceedings from going ahead?
Although it is possible to dispute a divorce application, one can only be stopped for one of the following three valid reasons:
- The marriage or civil partnership was never valid
- You have already ended your marriage or civil partnership through divorce dissolution
- The court does not have the legal jurisdiction to consider the divorce
You cannot prevent a divorce from going through simply because you don’t want to get divorced.
What information do I need to make an application for divorce?
You will need the following information to complete a divorce application.
- Your full name and address.
- Your spouse’s full name and address.
- Your original marriage certificate or a certified copy.
- Proof of your name change if you’ve changed it since getting married.
Can I get help paying the divorce application fee?
You may be eligible for help paying the divorce application fee if you are on benefits or have a low income.
What happens if my spouse doesn’t respond to the divorce application?
If your spouse doesn’t respond to the divorce application within the required time frame, you can still proceed by applying to the court for a default divorce. This involves proving that they have received the documents and asking the court to move forward without their input.
Do I need to go to court to get divorced?
You do not usually need to go to court to get a divorce. However, you may need to do so if you’re unable to agree on financial or childcare arrangements.
Get help applying for a divorce
Getting a divorce can be an emotionally fraught process, which is why many people choose to use the services of a family law specialist like Mark Reynolds, Divorce Solicitors Liverpool, to help guide them through the divorce procedure.
Our friendly and experienced team is here to provide practical advice and compassionate support to make the divorce process as simple and straightforward as possible.
We will take care of the legal and administrative side of the process and can also help you negotiate with your spouse to reach a fair financial settlement and agree on childcare arrangements. To learn more about our services and how we can help you apply for a divorce, contact any of our offices by calling 0800 002 9577 or filling out the contact form on the right to arrange a free, no-obligation initial consultation.