Divorce Process

Under the Divorce, Dissolution and Separation Act 2020, which came into effect in April 2022, couples may now apply for divorce jointly, or one party may make a sole application.

To apply for divorce, you will need to provide:

• Yours and your spouse’s full name and current address
• Your original marriage certificate or a certified copy (and a certified translation if your marriage certificate is not in English)
• Proof of any name change following marriage (such as changing your maiden name via deed poll)

Applications can be made online via the government website or by post. To apply by post, you must complete a form D8 and send it to:

HMCTS Divorce and Dissolution service
PO Box 13226
Harlow
CM20 9UG

If you instruct a solicitor, they will make the application for you. Even if you choose to make the application yourself, seeking legal advice is extremely important – the right advice can have a significant impact on the outcome of your divorce.

The divorce process typically takes at least 7 months, regardless of whether the application is made jointly or solely. Once the initial application has been made, a 20-week waiting period will begin, during which you will have to wait before you can progress to the next stage. You will be notified when the waiting period has passed, and you can then apply for a conditional order, which confirms that the court does not see any reason why you cannot divorce.

Once a conditional order has been granted, you must wait an additional 43 days before you can apply for a final order, which ends your marriage. It is advisable to have a financial settlement in place before applying for a final order, whether this is a financial order from the court or an agreement with your spouse enshrined in a consent order.

If you are considering a divorce, contact Vardags today for a free initial consultation with one of our expert divorce solicitors.

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