Why do you need a divorce lawyer?
Engaging a divorce lawyer will give you the confidence that you have an expert on your side who will support and guide you throughout the process. While there is nothing to stop you from applying for divorce yourself, a divorce lawyer will make sure that any financial, child and other arrangements are put in place to protect your needs and those of your children. Your lawyer will be there when you need them to answer any questions, allay any concerns, and fight your corner every step of the way. Your divorce lawyer will:
- Explain what will happen at each stage of your divorce and how you can protect your immediate and long terms needs and those of your children.
- Gather all of the information necessary on your matter and recommend the best possible divorce strategy.
- Advise on child arrangements, pre and post-nuptial agreements, and the division of assets such as family businesses, overseas assets, property and high-value assets (e.g. cars and jewellery), investments, pensions, inheritance, and pre-martial assets.
- Resolve complex disputes using alternative dispute resolution (ADR) methods such as mediation and arbitration outside of the court system where possible.
- Ensure that any agreement reached with your ex-partner is legally binding.
- Apply to the court for a financial agreement and/or child arrangement order, and
- Advise what to do if your ex-partner is hiding their wealth and assets during the divorce process (e.g. engage a forensic accountant).
Who can get divorced in the UK
You can divorce in the UK if you have been married for more than one year, your relationship has now permanently broken down, and your marriage is legally recognised in this country. Likewise, if you are in a civil partnership, you must have been in your partnership for at least one year before applying for dissolution.
Grounds for divorce in the UK
Under the “no-fault” divorce process introduced in England and Wales in April 2022, the old five grounds for divorce no longer apply. This means that there is no longer a need for one person to blame the other for the breakdown of the marriage. Instead, one or both parties just need to state in writing that the marriage has broken down irretrievably. Different rules apply in Scotland and Northern Ireland. In Scotland, the marriage must have irretrievably broken down, and the couple must have been separated for one year (with consent) or two years (without consent). In Northern Ireland, divorce and dissolution must still be on the grounds of separation (two or five years), unreasonable behaviour, adultery, or desertion.
Divorce process in the UK
To get divorced in England and Wales, you will need to complete each of the following steps generally:
Step 1: Check that you can divorce (see the section above on who can get divorced in the UK)
Step 2: Decide whether you want to apply for divorce on your own or jointly
Step 3: Apply for divorce either online or by post. You will need to pay a divorce application fee of £593.
Step 4: Application processed by HM Courts and Tribunals Service (HMCTS) – if all criteria have been met, the court will issue your application.
Step 5: Apply for a ‘conditional order’ – you must wait for the 20-week “cooling-off” period to pass from when the court issued your application.
Step 6: Apply for a ‘final order’ – you must wait for another 43 days from when the conditional order was issued. As soon as you receive the final order, you are legally divorced.
Note: there is a different process if you want to get a divorce in Scotland or in Northern Ireland.
Alternatives to divorce
Divorce or dissolution isn’t right or possible for everyone. Many couples who wish to separate look at other alternatives as a way of reducing the emotional and financial impact of divorce. Doing so can also lessen the emotional impact on children. In other cases, divorce may not be an option for religious or cultural reasons. It may also be the case that the couple has not yet been married for one year and, therefore, can’t get divorced.
Possible alternatives to divorce include:
- Living separately – in such an arrangement, the separating couple live separate lives apart from each other but remain married or in a civil partnership. It is important to bear in mind that any financial assets, such as property, are still jointly owned. Living separately may be a way of working out if you want to divorce or a temporary step towards full legal separation.
- Annulment of marriage – Annulment is another way of ending a marriage, but it must be shown that the marriage was never legally valid (void) or it is voidable. It may be voidable, for example, if you did not properly consent to the marriage in the first place (i.e. forced marriage)
Another option is marriage counselling. Marriage counsellors are trained experts who can help couples better resolve problems, manage disputes, communicate, and understand each other.