The Divorce Process Explained
On 06 April 2022, a new divorce law came into effect in England and Wales. Designed to simplify the process of getting a divorce, this legislation was the most notable update to divorce law in over 50 years. While the Divorce, Dissolution and Separation Act 2020 changed the overall process significantly, obtaining a divorce can still be lengthy and confusing during what will likely be an already difficult and stressful period.
What is the current divorce law?
The Divorce, Dissolution and Separation Act 2020 introduced ‘no-fault’ divorces. This means that either spouse can apply to the courts for their marriage to be dissolved, without requiring one party to shoulder the blame for the breakdown of the relationship. Previously, divorcing couples were required to live apart for two years before applying for a divorce or attribute blame (such as adultery or unreasonable behaviour) to one party.
The new law means that there is no need for blame to be placed on either party.
The old legislation required one person to initiate proceedings against the other. Under the new law, couples can apply jointly to end their marriage if they so wish.
Another key change is that neither party can contest the divorce. The only exception to this rule is on the basis of jurisdiction, or velocity of the marriage.
What are the steps required to get a divorce?
Despite these simplifications, there are still several steps to getting a divorce. The legal process can feel overwhelming –but a family solicitor can handle the whole process for you, including completing all necessary forms and filing them with the courts. Reach out to us if you’d like professional support at any stage.
Step 1: Confirm you’re eligible to apply for a divorce
To apply for a divorce, you’ll need to have been married for more than one year, the relationship must have irretrievably broken down and your marriage must be legally recognised in the UK.
Step 2: Decide on the type of application
You can apply for a divorce jointly with your spouse or separately as a sole applicant. Most parties decided a sole applications is the most straight forward.
Step 3: Gather your documents
To file an application for divorce, you’ll need to have your original marriage certificate plus a certified translation if the original isn’t in English. You’ll also need the full name and present address of your husband or wife.
Step 4: Decide if you wish to apply by post or online
You have a choice of applying online or by post. If you’d like support from your Kiteley’s family solicitor, we can apply online on your behalf using the online case management portal for legal professionals. If you’d rather apply by post, we can help you to fill in the relevant form.
Step 5: Pay the fee
You’ll pay a fixed fee to the court when your divorce application is submitted. This is currently £593
What happens next?
Once you’ve filed your divorce application, it will be checked by the courts. If all is completed correctly, both you and your husband or wife will receive a notice confirming your application has been issued, a stamped copy of the application, an acknowledgement form receipt and a case reference number.
A minimum of 20 weeks after the application issue date, you’ll need to apply for a conditional order (previously called a decree nisi). This confirms the court doesn’t see any reason why your divorce shouldn’t be granted.
Six weeks and one day after the date of the conditional order, you can then apply for the final order (previously known as a decree absolute).
We would always advise you to resolve financial claims and obtain a financial consent order before applying for a final divorce order.
How long does it take to get divorced?
It takes a minimum of 26 weeks to obtain a divorce, but it could take much longer, particularly if there are disagreements over money, property or childcare.
How much does it cost to get a divorce in England?
You’ll pay a fixed cost of £593 which is payable when you submit your application.
Our family solicitors understand that undergoing a divorce can be one of the most stressful experiences you’ll ever have. We’re here to help cut through the uncertainty and can work with you to achieve a fair and equitable outcome. We always try to avoid conflict and keep all discussions non-confrontational to make the process as smooth as possible.
Speak to one of our family solicitors today to find out more about how we can help. You can call us on 01202 393506 or email family@kiteleys.co.uk.