How do I actually get a divorce?
The process is broadly similar whether you apply online or use a traditional paper application.
There are 3 main stages:
The Application
The Applicant completes either an online or paper application. The court issues the application by sending a copy to the Respondent together with an acknowledgement of service. The Respondent must acknowledge receipt of the application confirming they are happy for the divorce to proceed.
Application for the Conditional Order
20 weeks after the application is issued, the Applicant can apply for the conditional order.
Application for the Final Order
The Applicant must wait a minimum of 6 weeks and 1 clear day after the date of the conditional order before they can apply for the final order.
The application is a simple one page form in the case of a paper application and several short questions if you are using an online application.
Will I need to go to court for my divorce?
It is highly unlikely that you will need to attend court. That said, we can never completely rule out the possibility as the judge, when considering the application, might want to see you and your spouse to make enquiries about how you reached your financial agreement.
What are the grounds for divorce?
There is only one ground for divorce - the irretrievable breakdown of your marriage.
Can I still blame my spouse for the marriage breaking down?
No. Since 6 April 2022, any application for divorce is based on the irretrievable breakdown of the marriage. You can no longer divorce based on the fact of adultery, unreasonable behaviour or a period of separation.
How long does it take to get a divorce?
On average, it takes between 7 and 8 months to get divorced.
Once the court have issued the divorce application, you must wait a minimum of 20 weeks before you can apply for the conditional order. After the court grant the conditional order, you must wait a further 6 weeks and 1 day before you can apply for the final order of divorce.
What happens if my spouse doesn’t respond to my divorce application?
All of our services require good communication within an amicable situation. If the respondent does not reply to the divorce application we would request you seek legal advice and help to progress
What happens if I cannot find my original marriage certificate?
We can assist you with obtaining a replacement or you may want to contact your local Registry Office. Replacement certificates normally take between 48 hours and 2 weeks depending on whether you use a private firm or your Local Registry to obtain the replacement certificate. The cost of using a private firm varies depending on how quickly you want your replacement certificate.
I have been separated for years and don’t know where my spouse is. Can I still start a divorce?
The court will always expect you to make an effort to locate your spouse before starting divorce proceedings. Sometimes, this may involve some social media digging or contacting your spouse’s family or friends to obtain an address. We appreciate that this is not always possible so you may need to appoint a ‘no trace, no fee’ process server to locate your spouse.
If you have exhausted every avenue trying to locate your spouse, we can apply to the court on your behalf and ask them to dispense with service. Please note that this is an additional application for which we charge £150.
I have not fully agreed the finances with my spouse, can I still get divorced?
Yes, however, if you have chosen one of our managed divorces with a clean break or consent order, we cannot draft the order until both of you are in full agreement.
I have young children. Do I need to agree who they are living with before I start my divorce?
Ideally, yes. It is possible to start divorce proceedings without an agreement on living arrangements for the children, however, this can lead to arguments as the divorce progresses.