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How to apply for a divorce
To start the divorce process you must begin by sending your divorce application to court.
You must have been married for at least a year. You can apply online or through the post. You have the option of applying by yourself as the sole applicant, or together with your spouse as joint applicants.
You no longer need to provide a reason why you want a divorce, after a law change in 2022. Previously, you needed to choose from set 'grounds' for divorce. Now all you need to is give a statement saying that you believe your marriage has broken down irretrievably and wish to divorce.
If you make the application yourself, your spouse will be known as the respondent. After 20 weeks, you can apply for a conditional order which sets out when the marriage will end.
Six weeks after you receive the conditional order, you can apply for the final order which will formally end your marriage.
Responding to a divorce petition
As the respondent you need to answer your spouse’s request for a divorce. This means filling out the required paperwork and sending it to the courts.You can either accept or defend the divorce petition. This depends on whether you agree with the reasons for the divorce.
Use an ‘acknowledgement of service’ form to go ahead, or an ‘answer to a divorce petition’ form if you disagree. You should discuss with your solicitor what you best option is. If you agree, you have 8 days to respond, and if you disagree you have 21 days. Be aware of the different charges depending on your course of action.
Civil partnership breakdown
If you or your partner want to end your civil partnership you must apply to court and set out the reasons why.
If you have been in the partnership for at least 1 year, you can apply for what is known as a dissolution order which will bring the civil partnership to an end.
There are options if you have been in the partnership for less than 1 year, including legal separation. An expert lawyer will be able to give you expert advice on the best options available to you, dependent on the nature of the separation, and any children or assets involved, as well as expectations from each partner.
Frequently asked questions
Do I need to provide grounds for divorce?
No, grounds of divorce are no longer necessary. As of April 2022, you no longer need to prove that your marriage has broken down using the five set grounds for divorce. All you need is a solo or joint statement that your marriage has broken down irretrievably. This was designed to make the divorce process less stressful, and to avoid people being 'trapped' in marriages due to one partner not accepting the grounds. It was also highlighted that the grounds were rather archaic and didn't fit with modern marriages and separations. You can still give grounds for divorce if you would like, but your divorce lawyer will advise you on the simplest way to start the divorce process.
How long does a divorce take?
Uncontested, a divorce will take several months. After applying for divorce, you must wait 20 weeks to apply for a conditional order, and six weeks after that has been granted you can apply for the final order to end the marriage. How long these orders take to be approved will depend on how busy the courts are at the time.
Your divorce solicitor will be able to give you a clear idea based on when you start the process and how complex it is.
What am I entitled to in the divorce?
When you divorce, you will have to come to an agreement on how to split your assets. This includes financial assets such as savings, property, investments, pensions and debts, as well as any business assets you own.
If you did not specify in a prenuptial agreement, any of these assets are split between you when you are married and must be divided up upon divorce. A divorce solicitor can help you assess these and come to a compromise with your ex-partner.
Do I have to go to court to arrange child custody?
You don’t need to arrange contact with your child through the court when you divorce. It is simpler (and cheaper) if you decide this amicably between yourselves out of court.
If you are unable to agree on child residence, you may need to use a family mediator to help you reach a decision. If discussion totally breaks down, a divorce solicitor can negotiate on your behalf.
If one parent wishes to completely exclude the other from a child’s living arrangements, they can go to court for a contact order.
How much does divorce cost?
The cost of a divorce depends on a number of factors, like whether it’s contested by you or your spouse, and your divorce solicitor fees. The initial application for divorce costs £593 (not including the cost of using a solicitor, who will charge between £500 - £1000). Other fees, such as family mediation and court fees will be added.
