How to file for divorce in the UK

A person can apply to get divorced in England or Wales if they meet the following criteria:

• The parties have been married for over a year
• The relationship has permanently broken down
• The marriage is legally recognised in the UK (including same-sex marriage)
• Both or either spouse is habitually resident or domiciled in England and Wales

Following the introduction of no-fault divorce in April 2022, there is no requirement to assign fault or blame. Previously, a party had to rely on one of five ‘facts’ to demonstrate that the relationship had irretrievably broken down:

1. Adultery
2. Unreasonable behaviour
3. Separation for two years with consent
4. Separation for five years without consent
5. Desertion for two years

Now, the sole ground for divorce is the irretrievable breakdown of the marriage, which can be proved by a statement of this by one party. No further proof is required, and this cannot be contested by the other party.

The benefit of no-fault divorce is that it encourages a more amicable approach and reduces conflict, as parties are no longer forced to ‘play a blame game’. Furthermore, those who may have been unable to prove one of the five facts under the previous law will no longer be trapped in an unwanted marriage.

The Divorce Process

Under the new divorce law, the timeframe from the initiation of divorce proceedings to the issuance of the Final Order (formerly known as the Decree Absolute) is expected to be at least 6 months.

Step 1: The Divorce Application

You must apply to the Court with a declaration that your marriage has broken down irretrievably. This is ordinarily done via a Court portal and requires payment of a Court fee, currently set at £593.

You can apply for a divorce either on your own as the sole applicant, or together with your spouse as joint applicants. Alternatively, you may receive a divorce application from your spouse, making you the respondent.

• Sole applicants: If you apply as a sole applicant, a copy of your application will be sent to your spouse, who will then have 14 days to respond by completing an Acknowledgement of Service. If this document is not returned, a solicitor can help.
• Joint applicants: If you apply as joint applicants, both of you must review and agree on the details before the application is submitted. One of you will be designated as applicant 1, and the other as applicant 2. Both parties must file an Acknowledgement of Service. If disagreements arise or you believe the other applicant is causing unnecessary delays, you can switch to a sole application later in the process.

Step 2: Responding to a Divorce Application

If your spouse has filed for divorce against you, you should receive the application within 28 days of it being issued by the court. In certain circumstances, the applicant may request permission to serve the application after this period.

If you’re unsure how to complete and file the Acknowledgement of Service within the 14-day deadline, a solicitor can assist you.

In more complex cases, such as those involving pensions, life insurance policies, or taxation issues, it may be advisable to seek an agreement to delay the divorce process until all financial matters are resolved. If an agreement cannot be reached, you may need to apply to the Court for permission to delay.

Under the new law, disputing a divorce application is challenging. However, you may be able to contest it if there are questions regarding the validity of the marriage or a dispute over jurisdiction.

Step 3: Mandatory 20-Week Wait

Once the Court has issued the application, there is a mandatory 20-week ‘cooling off’ period before you can apply for a Conditional Order.

During this time, it may be beneficial to negotiate an agreement with your spouse regarding matrimonial finances. However, this agreement cannot be formalised into a financial settlement (known as a Consent Order) until the Conditional Order is granted. If you are unable to reach an agreement amicably, you might consider mediation, with solicitors available to assist you throughout the process.

Step 4: Conditional Order

After the 20-week cooling-off period, the Court will review your application for a Conditional Order and set a date for it to be issued. This is typically done electronically, so there is no need to attend Court in person.

Step 5: Final Order

Six weeks and one day after the Court issues the Conditional Order, you can apply for a Final Order, which legally ends your marriage. It’s important to keep this document safe, as you may need it in the future. If you apply for the Final Order more than 12 months after the Conditional Order was issued, you will need to provide an explanation to the Court.

If you are the respondent and the applicant has not applied for the Final Order, you can apply after an additional three months.

To apply online, see the link to the government site here: Get a divorce: How to apply - GOV.UK (www.gov.uk).

Navigating a divorce can be a complex process, usually one of the most stressful times in a person’s life. Reach out to one of our specialist divorce lawyers today.

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