6 Steps to take when getting divorced

Following changes in the law in the UK in April 2022, it is now a much simpler process to obtain a divorce. Before that point you had to give a reason for the breakdown of the marriage to be able to seek a divorce. That included grounds such as a period of separation, desertion, or circumstances such as unreasonable behaviour. It is now possible for you to divorce based on “no fault” and you must only state that the marriage has broken down irretrievably. This has made the divorce process much more straightforward. In this article we will consider the steps that you need to take.

1. Seek legal advice

Before you start the divorce application you should consider taking advice from a Solicitor, not only in relation to your separation and potential divorce but also to consider any financial claims that you may have or to consider children issues. You may be worried about domestic abuse and you may need support with that.  You may have a low income and be worried about court fees and other matters. It is important, at the end of your marriage, to look at all the circumstances before taking steps to finalise any arrangements.

2. Starting the divorce

You have two options. You can start the divorce application yourself or you can, with your spouse, submit a joint application. You will need you and your spouse’s full name and address and either the original marriage certificate or a certified copy.  If you give an email address, then the entire process will be dealt with online.   There is a £593 fee to apply for a divorce. You can apply to be exempt from that fee in certain circumstances, but you will need to provide evidence of your finances.  

3. What happens after you apply

If you applied jointly with your husband or wife, the application will be checked and you will both be sent a notice that the Court has issued the application.   If you issued a sole application, once the divorce application has been checked you, will receive notification that this has been issued (sent out).  The Court will send a copy of the divorce application to your husband/wife and they must respond to the acknowledgment of service within 14 days, saying whether they agree with the divorce or if they dispute it.    There must be a genuine reason to dispute the divorce.  They cannot dispute it simply because they do not want the divorce to go ahead.

4. If they agree with the divorce

You can continue with the divorce by applying for a conditional order (formerly Decree Nisi).  You will need to wait 20 weeks after your divorce application has been issued by the Court before you can apply for a conditional order. A conditional order is a document that says the Court does not see any reason why you cannot be divorced.  After you apply the Court will review your application, this may take several weeks. If the judge agrees that you can get divorced, the Court will send you and your husband or wife a certificate. This will tell you the time and date you will be granted the conditional order. You will still be married after that is granted.

5. What next?

Within the 20 week waiting period you should consider what, if any, financial matters need to be dealt with. You may have a house together or pensions and other assets.   You should think about if these need to be divided and how you are going to do that.   It is important that you finalise the financial arrangements with the assistance of a Solicitor to give you advice on a financial settlement. After the granting of a conditional order, and if you have reached a financial settlement, you can submit to the Court an agreement known as a Consent Order which sets out the financial arrangements and deals with all financial claims between you as spouses.   Legal advice on financial matters is very important, so that you do not lose your rights to make claims in the marriage.  If you cannot resolve those matters between you both amicably and with the help of Solicitors, you can consider other options including court applications to sort out financial matters. 

6. Finalising your divorce

To end the marriage, you must apply for a final order (formerly Decree Absolute).  By law you must wait at least 43 days (six weeks and 1 day) after the date of the conditional order before you can apply to end the marriage.   You can apply for the final order as a sole application, even if you started the divorce process jointly. It is important to remember that, if you want a legally binding arrangement for dividing money and property, you must apply to the Court for this before you apply for the final order. Once you get the final order you are divorced, no longer married and free to marry again if you wish.

We recommend that if you have separated and are looking to divorce, that you take some legal advice on the process, even if you wish to start the divorce application yourself. Solicitors can help you understand your options and help you finalise any financial settlement and give you advice on the steps to take, to ensure that ending the marriage is as painless as possible with the right outcome for you.

Although every effort has been made to ensure that the information provided in this article is accurate and correct, the information provided does not constitute any form of advice.