Divorce, Separation & Splitting Up.

Divorce is the process that legally ends a marriage. Dividing your assets is a separate process, although this usually runs alongside the different stages of divorce.

Reaching a settlement involves engaging in discussions with your soon-to-be-former spouse. These negotiations normally concern your home, your money, and any other possessions that don’t clearly belong to one spouse or the other. Arrangements for children will also be discussed: it is obviously important to decide quickly which parent they will live with, how much time they will spend with the other parent, and the level of child support the second parent will pay.

The divorce process

These days divorce is mostly an administrative affair. It requires the submission of a series of forms to one of the dedicated divorce processing centres around the country. The entire process can be completed online.

The first form is the divorce application. This should be completed and submitted by one spouse. Note that you can only apply for divorce once you have been married for a year. You will need to submit a copy of your marriage certificate, and if you changed your surname when you got married, proof that you did so.

In the divorce application, you will be required to make a formal declaration that the marriage has broken down, and this can even be made jointly with your estranged spouse if you remain on good terms with him or her.

A fee of £593 is payable to the court, although concessions are available for those on a low income.

Provided your application form has been completely correctly, you will receive an acknowledgement, a case number, a formal notice and a copy of the acknowledgement stamped by Her Majesty’s Courts and Tribunals Service (HMCTS).

Many divorcing couples choose to conduct their financial negotiations at this point, while others complete this process before the initial application. It is not obligatory, but if you wish to convert your agreements into a formal, legally binding court order – called a ‘consent order’ – you will need to do so before the final stage of the divorce.

Conditional orders of divorce

Twenty weeks (a little over four and a half months) after your initial application, you will then be able to move on to the next stage and apply for a ‘conditional order of divorce’. This is a formal declaration that the family court sees no reason why your divorce cannot proceed. You will receive a certificate stating a specific time and date at which your conditional order will come into effect.

In most cases, you will receive the certificate a few weeks after you apply. You will still be legally married at this point: as the name implies, a conditional order is simply a legal declaration that your divorce may proceed to the final stage.

The 20-week wait is intended to be a “period of reflection”, providing each spouse with time to reconsider and be sure they really wish to go ahead with the divorce.

Conditional orders of divorce were formally known as the decree nisi.

Final orders of divorce

Following receipt of the conditional order, a further waiting period is required. Divorcing couples must wait at least six weeks and one day (43 days in total) before applying for a final order. Application requires the submission of a further form.

At this point, divorce court officials will ensure you have met all the required time limits and there is no legal reason for the divorce not to be finalised.

Note that if you wait longer than 12 months after your decree nisi before applying for a final order of divorce, you may be asked for an explanation by the court.

Once the final order has been issued, the divorce process is complete and the marriage has come to a formal end.

Both parties will be sent a copy of the final order, as will their solicitors if they have instructed any.

Final orders of divorce were formerly known as the decree ultimate.

It is important to keep your copy of the final order, as you will need to show this if you remarry in the future.

Divorce is a change in legal status with a number of implications. It will affect your personal affairs in various ways, including your tax liabilities, your entitlement to benefits and right to inherit.

Contact us now for a free divorce consultation.

Separation

Ending a cohabiting relationship is a much simpler process than divorce. In most cases there will be no legal formalities to attend to because there was no legally recognised relationship with your partner. Contrary to persistent popular myth, there is no such thing as a ‘common law’ marriage in English law and cohabitees do not usually have any legal right to property or financial support following the end of the relationship. Their former partner may voluntarily provide support but there is no legal obligation to do so.

Some individuals can be left in real difficulty when a long-running cohabiting relationship comes to an end or their former partner passes away. It is better to protect your interests before any such occurrence. A family solicitor will be able to advise and explain the options open to you. Contact us now for a free consultation on the legal options open to cohabitees.

 

 

 

Frequently Asked Questions.

Will dating someone else during my separation impact my case?

It can. It’s important to remember that until the final order of divorce is pronounced in your case, you are still technically…

It can. It’s important to remember that until the final order of divorce is pronounced in your case, you are still technically married. A new sexual relationship with someone other than your husband or wife will therefore be considered adultery even if you have separated or are living apart. Serious new relationships can also impact upon the finances.

Who pays for the divorce?

This depends on your individual circumstances, as well as those of your estranged spouse. Quantifying these costs outside of the mandatory court…

This depends on your individual circumstances, as well as those of your estranged spouse. Quantifying these costs outside of the mandatory court fee of £550 can be tricky. Remember, you can always negotiate or compromise on a figure and communicate that with each other or, if you are represented, your solicitors.

Your fees for financial matters or issues relating to your children are a separate consideration.

Where can I find the forms and documents that I need for my divorce?

If you are represented then ask your solicitor for any forms. If you are unrepresented or undecided, then you can use the…

If you are represented then ask your solicitor for any forms. If you are unrepresented or undecided, then you can use the court form finder. You might need the name of the form you’re searching for to find the right document. For example, instead of searching for a divorce petition, you would reach for a form D8.

What is divorce? What does divorce involve?

Marriage is a legal relationship; a contract between spouses. Divorce is the legal process that terminates a marriage. It’s not a step…

Marriage is a legal relationship; a contract between spouses. Divorce is the legal process that terminates a marriage. It’s not a step to take lightly but, if there are no complicating factors, then the divorce process itself is largely administrative and straightforward.

It’s important to remember that the process of terminating your marriage is separate to the process that determines who gets the house or other financial assets (the finances).

If you’ve decided that you want to separate from your spouse you might be thinking “what’s the best way to formally end my relationship?” Divorce is one option but there are alternatives to divorce that might suit your circumstances a little more.

What is a no-fault divorce? What is a fault-based divorce?

Prior to April 2022, family law required applicants for divorce to cite one of five reasons for the end of the marriage.…

Prior to April 2022, family law required applicants for divorce to cite one of five reasons for the end of the marriage. A number of these required attributing blame to the other spouse – effectively declaring that the divorce was their fault. Lawyers and campaigners argued for years that this encouraged unnecessary acrimony during an already emotional time.

But the law has now changed. Under the Divorce, Dissolution and Separation Act, applicants now need only make a formal declare that their marriage has broken down, and this declaration can be made jointly with their estranged spouse if they wish. Because it is no longer necessary to attribute blame, the new legislation is often referred to as ‘no fault divorce’.

This is a welcome reform that will allow most couples to make the first steps in their separation as amicable as possible and end the old blame game.

What documents do I need to get together before I can initiate divorce proceedings?

Your original marriage certificate. If your husband or wife has moved out, an address for them. Although you do not need these…

Your original marriage certificate. If your husband or wife has moved out, an address for them.

Although you do not need these documents for the divorce itself, it is worth starting to collate your financial documents. See finances.

What are the grounds for divorce? What evidence do I need to have to get divorced?

It is no longer necessary to cite a reason or attribute blame when applying for divorce. Now you need only make a…

It is no longer necessary to cite a reason or attribute blame when applying for divorce. Now you need only make a formal declaration that your marriage has broken down, and you can do so jointly with your former spouse if you wish.

You will also need to provide the court with your original marriage certificate (certified copies will not suffice). If your original marriage certificate is not in English, it will need to be translated.

What are my rights if I get divorced?

If you have been married for more than one year, live permanently in England and Wales and your marriage is recognised as…

If you have been married for more than one year, live permanently in England and Wales and your marriage is recognised as valid in England & Wales, then you will be able to get a divorce provided you can evidence that your marriage has irretrievably broken down.

We married abroad, can I still get a divorce in England & Wales?

The answer to this question is fact-specific and can be far from straightforward. The default position is that, if you are British…

The answer to this question is fact-specific and can be far from straightforward. The default position is that, if you are British citizens, and can prove that your overseas marriage is valid, you will be able to divorce in England & Wales. You can prove validity of marriage by producing a marriage certificate issued by a competent authority in accordance with the marriage registration laws of the country in which you married.

This can be a complicated area of law, so we suggest that you speak to a specialist divorce and family lawyer.

I’m unhappy in my marriage, what do I do?

If you’re unsure whether the finality of divorce is really what you want or if you need help to come to terms…

If you’re unsure whether the finality of divorce is really what you want or if you need help to come to terms with your separation and the end of your marriage, we recommend you first speak in confidence with a relationship counsellor who can work with you to help you to deal with what has happened and how to move on. If you have children, a relationship counsellor can help you to support your children with what is happening. Relate are an organisation that have experience in counselling people from different backgrounds, including LGBT individuals and couples, so they can be a good place to start when looking for relationship counselling.

If you are experiencing a relationship breakdown, you will probably have a lot of questions about the legal process of divorce, alternatives to divorce, information surrounding making arrangements for your children and splitting your finances.

Whilst the divorce process itself is administrative, the issues surrounding splitting up and ending your marriage are often more complex and need to be dealt with sympathetically, fairly, and efficiently. Getting advice or reviewing our guides early is crucial in helping you know what to expect so you can plan for the journey.

How soon is too soon to remarry?

This is up to you but pay attention to any financial orders between you and your now former husband or wife. Certain…

This is up to you but pay attention to any financial orders between you and your now former husband or wife. Certain types of financial provision, for example spousal maintenance, may come to an end on your remarriage.

How soon can I get a divorce?

To get a divorce in England or Wales, you have to have been married for one year or more.

To get a divorce in England or Wales, you have to have been married for one year or more.

How much does a divorce cost?

How long is a piece of string? If your divorce is very straightforward and you and your husband or wife agree on…

How long is a piece of string? If your divorce is very straightforward and you and your husband or wife agree on everything, then you may be able to represent yourself in divorce proceedings. If this is the case, then you may only need to pay the court fee of £550. If your spouse instructs a solicitor, you may wish to do the same to ensure that you have what we call equality of arms – the opportunity to be represented to the same degree as your husband or wife. Costs do go up if instructing a solicitor but sometimes it is a price worth paying. Only you can decide.

Are there any fixed price or fixed-fee options? Some solicitors do offer fixed price (fixed-fee) packages for divorce because it can be a straightforward process. You can always speak to a specialist divorce and family lawyer offering a free initial consultation and fixed-fee divorce package to find out more.

How long does a divorce take?

How long is a piece of string? Honestly, it really does depend on a number of factors: Do you have your original…

How long is a piece of string? Honestly, it really does depend on a number of factors:

  • Do you have your original marriage certificate?
  • How difficult is your husband or wife?
  • Are you or is your husband or wife intending to defend divorce proceedings?
  • How organised are you? How organised is your husband or wife?
  • How busy is your solicitor or your spouse’s solicitor?
  • How many people are currently getting divorce in England & Wales and how quickly are the courts able to process all of those applications.
  • Will you wait until your finances are resolved by way of a formal financial order from the court (which can also be based on an agreement with your spouse – a consent order) before applying for Decree Absolute?

If we are calling a spade a spade and being realistic, it can take an average of 18 months!

How does the divorce process work? What are the stages of the divorce process?

Divorce petition served on (sent to) your husband or wife, (the Respondent); Respondent files and serves an Acknowledgement of Service; Petitioner applies…

  • Divorce petition served on (sent to) your husband or wife, (the Respondent);
  • Respondent files and serves an Acknowledgement of Service;
  • Petitioner applies to the court for a conditional order of divorce (formerly known as the decree nisi). This states that, based on the information and documentation that the court has seen to date, the court is willing to grant the petitioner a divorce in due course.
  • The conditional order is pronounced by the court;
  • Six weeks and one day after the conditional order is pronounced, the petitioner applies to the court for the final order terminating their marriage (formerly known as the decree absolute).
  • The final order of divorce is pronounced and the marriage terminated. This essentially replaces your marriage certificate and acts as formal proof that your marriage is dissolved.

If you are sorting out finances with your spouse alongside the divorce (which is recommended), solicitors may advise that you do not apply for a final order until a final financial order is agreed. This is because divorce terminates marriage and means that, if your spouse were to die before a financial order was made but after you had terminated your marriage, you would no longer be entitled to all of the benefits that you otherwise would be as their existing spouse.

How do I start divorce proceedings? How do I apply for a divorce?

Divorce proceedings are commenced by completing a divorce petition. Depending on your circumstances, you can start divorce proceedings online: https://www.gov.uk/apply-for-divorce. The court…

Divorce proceedings are commenced by completing a divorce petition. Depending on your circumstances, you can start divorce proceedings online: https://www.gov.uk/apply-for-divorce. The court charges a mandatory fee of £550 for processing your divorce petition regardless of whether you do it yourself or go through a solicitor. The court fee changes from time to time.

How do I find the best divorce lawyers in my area?

Usually, it’s best to do your own research through word of mouth, reviews and actually meeting your solicitor to see if it…

Usually, it’s best to do your own research through word of mouth, reviews and actually meeting your solicitor to see if it is the right fit. There are several good solicitors out there, but not every solicitor is for every client and vice versa. If you want to speak to one of the divorce solicitors that we deal with then you can free of charge using a free initial consultation.

Do I need a solicitor or lawyer to get divorced? Can I conduct divorce proceedings myself?

It’s totally your prerogative based on your budget but there are obvious advantages of being represented by a specialist family law solicitor…

It’s totally your prerogative based on your budget but there are obvious advantages of being represented by a specialist family law solicitor or lawyer. If you and your spouse both agree that your marriage has irretrievably broken down, you agree on the fact that you will use to evidence that breakdown, for example, your wife agrees that you can petition for divorce on the basis of her adultery, then you may be able to conduct divorce proceedings yourself using the government website. We would always advise speaking to a solicitor, at least in the first instance.

Can we go for counselling during our divorce?

Yes of course. Your divorce isn’t final until the final order is issued and no one can blame you for wanting to…

Yes of course. Your divorce isn’t final until the final order is issued and no one can blame you for wanting to be sure that you’re doing the right thing. Relate is an organisation offering relationship counselling for a whole host of issues. They have centres across the UK and a network of licensed local counsellors as well as phone, email and live chat counselling.

Can I talk to someone about divorce and what it means?

Yes, you can either search for your own solicitor or speak to one of the highly regarded specialist family lawyers that we…

Yes, you can either search for your own solicitor or speak to one of the highly regarded specialist family lawyers that we would recommend.

Can I remarry after my divorce?

Yes. Once you the final order of divorce has been issued, your marriage is terminated and you can remarry. Do pay attention…

Yes. Once you the final order of divorce has been issued, your marriage is terminated and you can remarry. Do pay attention to any financial order you have agreed with your husband or wife / any financial orders that a court has made, as certain types of financial provision may come to an end on your remarriage.

Can I choose my own solicitor or lawyer at a family law firm?

Sometimes. This will largely depend on the firm’s caseload and internal structure. Family lawyers usually co-work cases in small teams. A solicitor…

Sometimes. This will largely depend on the firm’s caseload and internal structure. Family lawyers usually co-work cases in small teams. A solicitor may handle your matter on a day-to-day basis together with assistants, support staff and oversight from a partner or director. You would pay a blended rate for the time each fee earner’s spends progressing your case. If your matter is not particularly complex then there may be no need for you to pay the rates of a partner or director. If you are undergoing and international divorce or have complex financial affairs you may need to speak to someone with more experience which will naturally come at a greater cost to you. If you are offered a solicitor who is cheaper than your solicitor of choice, then it’s always worth considering it as you’ll save money and likely still have some input from your solicitor of choice. Family law teams chat with each other regularly.

Are my rights dependent on my reasons for divorce?

Generally, no. The reasons for a divorce do not normally have any impact on the division of financial assets. A spouse who…

Generally, no. The reasons for a divorce do not normally have any impact on the division of financial assets. A spouse who has had an affair, for example, will not be made to surrender part of their interest in the family home because of the adultery.

Are there any alternatives to divorce?

If divorce is not an option for you maybe because of, say, religious beliefs, it is possible to obtain a decree of…

If divorce is not an option for you maybe because of, say, religious beliefs, it is possible to obtain a decree of judicial separation or nullity without having to prove that your marriage has irretrievably broken down. For specialist advice on the process and the effects of nullity and judicial separation speak to a specialist divorce and family lawyer.

Remember an alternative to divorce is also not splitting up. You could stay together and try to work on your issues. Speak to a relationship counsellor in confidence.