Navigating a divorce can feel overwhelming and daunting, but it doesn’t have to be. Understanding the divorce process in England and Wales can help reduce uncertainty and ensure you know what to expect at each stage.
Whether your divorce is amicable or more complex, this guide provides a clear overview of the key steps involved, from making the application through to obtaining your final divorce order.
Can I Apply for a Divorce?
As of April 2022, the “no fault” divorce regime was introduced simplifying the process of obtaining a divorce in England and Wales. Now, in order to apply, you must have been married for a minimum period of 12 months before submitting your application.
What Are the Grounds for Divorce?
An application for divorce is made on the grounds that your marriage has broken down irretrievably.
Under the no-fault divorce system, you are not required to assign blame to your spouse or provide any specific reason for the breakdown of the marriage. The court accepts the statement that the marriage has irretrievably broken down as conclusive evidence.
How Do I Apply for a Divorce?
A divorce application can be made online through the GOV.UK website.
You can choose to make:
- A sole application, where you apply for the divorce yourself; or
- A joint application, where you and your spouse apply together.
If you make the application, you will be known as the Applicant, and your spouse will be the Respondent. Alternatively, you may instruct a solicitor to handle the application on your behalf, in which case legal fees will apply in addition to the court fee.
What Documents Will I Need?
Before starting your application, you should have the following:
- Your full name and address, and your spouse’s full name and address.
- Your original marriage certificate or a certified copy.
- Evidence of any name change since marriage (for example, a marriage certificate or deed poll).
- The court fee of £612 (or Help With Fees if eligible via the GOV.UK website.)
The court fee is payable by the Applicant, and once submitted, the court will review the application.
What Happens After the Application Is Submitted?
Once you have completed and paid your application, this will be sent to a Judge to consider behind the scenes.
If the application is approved, you will receive:
- Notice that the application has been issued.
- A copy of the stamped application from HMCTS.
- An ‘Acknowledgement of Receipt’.
- A 16-digit case number.
Your spouse will also be sent the stamped application and will have 14 days to respond to the divorce by filing an ‘Acknowledgement of Service’ form, and 21 days to file a response.
Conditional Order
Once the Respondent has responded to the divorce application, divorce applicants will enter a 20-week holding period, often referred to as the waiting period.
After this period has elapsed, and provided no issues have arisen, an application can be made for the Conditional Order (previously known as the Decree Nisi).
Once the conditional order is granted by the court, any settlement reached regarding matrimonial finances can be embodied into a financial consent order and lodged with the court for approval.
Final Order
After the Conditional Order has been granted, there is a further six-week waiting period.
Once this period has passed, you can apply for the Final Order of divorce (previously known as the Decree Absolute).
The Final Order legally brings the marriage to an end.
However, it is important to carefully consider whether it is appropriate to finalise the divorce before all financial matters have been resolved. In many cases, obtaining legal advice before applying for the Final Order can help ensure your financial position is protected.
Need Advice About Divorce?
Every divorce is different, and while the legal process is now more straightforward under the no-fault divorce regime, issues surrounding finances, property, pensions and children can still be complex.
Seeking specialist legal advice can help you understand your options, protect your interests and navigate the process with confidence.
Talbots Law offers a Family First Appointment for a fixed fee of £150 (inclusive of VAT) where our team of specialist family law solicitors are on hand to guide you through your options, keep things clear and simple, and work towards a resolution that is best for you. To find our more, or request an appointment, complete the form below:
Disclaimer
The contents of this blog or any other published by Talbots Law cannot be considered as legal advice. You should take no action without prior consultation with a qualified solicitor or legal professional. The contents of this blog refers to the process in England and Wales.
This blog was written by Sophie Davy, in our Family Law team.
FAQs
A minimum of 26 weeks. However, this is dependent upon administration, processing and any negotiations that take place between the parties.
The divorce process is dealt with “on paper” meaning you will not have to go to court. However, if an agreement cannot be reached in terms of matrimonial finances or child arrangements, then a court hearing may be needed, but this is separate to the divorce application itself.
If a period of 3 months has passed from the date that the Applicant was able to apply for the final order, the Respondent can then apply for permission to apply for the final order.
The court must grant the final order of divorce unless:
- There has been a reconciliation and an application for recession has been made; or
- There is a pending appeal regarding making the order; or
- Either party has made an application to stop the order being made.
Yes, however it is advised against. It is important that you wait for any financial consent order to be approved and endorsed by the court BEFORE applying for the final order of divorce due to legal implications.
The Respondent cannot “defend” the divorce but can dispute the legitimacy of an application on certain grounds which include:
- Where the validity of the marriage is disputed.
- Jurisdictional issues.
- Where there are concerns regarding fraud.
- Where the Respondent has already filed an application for divorce and the application is live.
Should a dispute arise, we recommend you seek advice as to the legitimacy of the claim.