Dealing with the breakdown of your relationship can be extremely distressing and intensely personal. Our team of divorce solicitors have considerable experience dealing with divorce and dissolution of civil partnerships and can guide you through the whole legal process.
The laws relating to divorce and dissolution in England and Wales changed with the introduction of the 'no fault divorce' regime, which came into force on 6 April 2022. As couples no longer have to attribute blame when applying for divorce or dissolution, it is hoped that the new regime will allow couples to separate on more amicable terms than the old regime previously allowed. Couples may now also jointly apply for divorce/dissolution.
The legal requirements for dissolution of a civil partnership are broadly the same as for divorce. Any references below to divorce below will also apply to dissolving a civil partnership.
How do I get divorced?
Either one, or both parties on a joint basis, need to file a divorce application with the Court. This is done via the court's online portal. We recommend that you take legal advice from a divorce solicitor before submitting your application.
If your application is approved, the divorce application will be issued and served. The recipient of the divorce application will then be required to file an Acknowledgment of Service with the Court. The Applicant (or in the case of a joint application, either party) must then apply to the court for a Conditional Order (previously referred to as Decree Nisi) and later a Final Order (previously referred to as Decree Absolute). Details regarding the timescales of this are set out below. It is only once the court has issued the Final Order that you are legally divorced.
What do I need in order to get divorced?
To complete your divorce petition, you will need:
How much will it cost to get divorced?
The court fee for your application is £593. This is payable by the Applicant however the parties may agree to split the fee. Any advice that you receive from a family lawyer will be charged separately. Unless otherwise agreed, or there is a court order which states otherwise, each party shall be responsible for their own legal fees..
Do I need a solicitor for my divorce?
Some individuals decide to deal with their divorce themselves, however it is always advisable to get advice from a family solicitor before filing the application. It is imperative that your divorce application is correct to avoid delays, rejection by the court, or difficulties further into the process.
How long will my divorce take?
Once a divorce application has been issued, the court requires the parties to undergo a period of reflection. This means that you must wait a minimum of 20 weeks before applying for the Conditional Order (previously referred to as Decree Nisi), Thereafter, the Final Order (previously referred to as Decree Absolute) cannot be granted in less than 43 days, (6 weeks and 1 day) from the date of the Conditional Order. Not taking into account any delays in the court administration, couples can expect the whole process to take at least 6 months.
Will I need to go to court to get divorced?
No. Whilst your divorce application, your application for a Conditional Order and your application for a Final Order are reviewed by a judge, you do not need to attend court. You may need to attend court if you cannot agree how you split your marital assets.
How do we divide our assets on divorce?
The division of assets is a separate process and is not part of divorce proceedings. For further information about how you deal with financial matters please click here.
What is an Early Neutral Valuation?
Early Neutral Evaluations or Private Financial Dispute Resolution Hearings (Private FDRs) allow separating couples to hire a 'judge' or a neutral evaluator privately for a day who will review all the financial information the couple have provided and hear the case. For further information please click here.
Can I get divorced in the UK if I live abroad?
Yes, however there are requirements that need to be met for you to demonstrate that you have jurisdiction, i.e. a 'connection' to the UK. This is a complex area of law and advice should be sought early on from a family law specialist as this can have significant financial consequences.
Please note that divorce laws differ throughout the UK countries, and the following applies to the laws in England and Wales only.
For more information, please see our article on getting divorced in the UK if you live abroad.
"Katie, I must thank you most warmly for your care, support and professionalism during my divorce proceedings. You will know it has been a stressful and emotionally difficult time for me, and I much appreciate your sensitivity in this regard"
Our experienced family law and divorce solicitors can advise you on all aspects of your relationship, a relationship breakdown or even a new relationship.
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