How to start divorce proceedings
To start a divorce in the UK, the first step is to check your eligibility. In England and Wales, you must have been married or in a civil partnership for at least a year, and your marriage must be legally recognised here. The introduction of the no-fault divorce law in England and Wales in 2022 simplified the procedure because it removed the need to give a reason for the breakdown of the marriage or civil partnership.
To get divorced in the UK, you first need to complete the online divorce application (also called a ‘petition’) online. You can apply for divorce on your own or jointly with your partner. If you apply on your own, your partner will have a certain amount of time to respond to the divorce petition. After 20 weeks, you can apply for a Conditional Order and then a Final Order another 43 days later, which will formally bring your marriage to an end.
Although the process is more straightforward than in the past, divorce in the UK can still be complex and emotionally challenging. It is advisable to consult with a divorce lawyer to fully understand how your divorce may affect your finances, property, and children. For help on any aspect of divorce, please contact one of our friendly and knowledgeable family lawyers by using our contact form.
If you are considering divorce in the UK, it is important to understand that there may be alternatives depending on your circumstances, such as legal separation and annulment.
Process of divorce in the UK
There are several important steps in the divorce process in the UK. The divorce process in England and Wales is as followed step by step:
- File for a divorce in the UK
- Respond to a divorce application
- Apply for a conditional order
- Apply for a consent order or a financial order
- Apply for a final order
- Report that your circumstances have changed
File for a divorce in the UK
Under the new no-fault divorce process in the UK, you can apply on your own (called a ‘sole application’) or jointly with your partner. Your application for divorce can be completed online on the UK government website or by post.1 Many people instruct a divorce law solicitor to handle the process of divorce on their behalf. As part of the divorce petition submission, you will need to provide your full name and home address, as well as those of your spouse and your marriage certificate (or a certified copy). You will also need to pay a divorce application fee. This fee is paid by the person applying for the divorce application, but who pays for any other divorce costs will depend on the situation.
Respond to a divorce application
Once you have submitted your divorce application, it will be issued by the court, and your spouse will be served with divorce papers (called ‘acknowledgement of service’ notification) at their home address. Your spouse will then have 14 days to respond to the notice accepting or disputing the divorce application. Under the new no-fault divorce process, there is now only one ground for divorce – that the marriage has irretrievably broken down. In addition, there is no need for the person applying for divorce in the UK to provide a reason. If your spouse disputes the divorce, this does not stop the divorce from proceeding, but it will mean that they have to provide a valid reason and will need to go to court to explain why they disagree. The only valid reasons are:
- 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
In other words, your spouse cannot stop the divorce proceedings simply because they don’t want to get divorced.
Apply for a conditional order
You can apply for a Conditional Order 20 weeks after the divorce application has been issued by the court. A Conditional Order (previously called a decree nisi prior to April 2022) is a document that confirms that the court does not see any reason why you cannot get divorced. It is an important step before your divorce is finalised.
You can apply for a Conditional Order yourself, even if you applied for divorce jointly with your spouse. The idea of the 20-week waiting period is to give divorcing couples time to reflect on their decision.
Apply for a consent order or a financial order
Once you have your Conditional Order, but before you finalise your divorce, it is important to agree on a financial settlement with your spouse. This includes how your marital assets should be split (e.g. your money, property, possessions, pensions, and investments) and spousal and child maintenance.
You will need a consent order from the courts if you and your partner can agree how on your post-divorce financial arrangements. Being granted a consent order means that your financial agreement is legally binding and can be enforced by the courts.
If you and your partner cannot agree on your financial arrangements, you can apply to the court for a financial order. The court will then make a decision on your financial arrangements on behalf of you and your spouse based on the information provided to them.
Consent orders and financial orders come into force once the Final order (see below) is issued by the courts. It may be possible to arrange an interim financial order before the Final order is issued.
Apply for a final order
A Final Order (previously called a ‘decree absolute’) is a legal document issued by the courts that confirms that your marriage or civil partnership is formally ended. Once you have a Final Order, you are no longer married. You can apply for a Final Order 43 days after your Conditional Order is issued.
Report that your circumstances have changed
Once your divorce has been finalised, you will need to inform any organisations and government departments affected. This may include your bank, mortgage lender, local authority, HMRC, passport office, utility companies, and the Department of Work and Pensions (DWP). If you receive or are entitled to claim benefits and or pensions, you should inform the DWP as soon as possible.
If you are from outside the UK and have a visa to be here that is based on your marriage (e.g., a dependent visa or a spouse visa), you will need to let the Home Office know. If this is the case, it is advisable to speak to an immigration solicitor regarding your options. They can help you apply for indefinite leave to remain if you are eligible or for a different type of visa, allowing you to stay in the UK on your own right (e.g. a family visa based on your child’s UK residence or a work visa).
How long does it take to get a divorce?
The total time it takes to get divorced in the UK is at least 6 months from start to finish. This includes the 20 weeks between your divorce application being issued and getting your Conditional Order and the 43 days between your Conditional Order and your Final Order. If your partner disputes the divorce or they do not respond to the petition, the process may take longer.
References
1 GOV.UK: Online divorce application
