Divorce - Frequently Asked Questions
Divorce - Frequently Asked Questions
There are few life experiences as challenging and emotionally charged as the breakdown of a relationship. We are here to support and guide you through the separation and divorce process to help achieve the best possible outcome for you and your family.
What is the divorce procedure?
- Check eligibility – you must have been married for at least a year and your marriage must be legally recognised in the UK.
- Apply for divorce – one or both spouses submit a divorce application online or by post to the court, citing an irretrievable breakdown of the marriage (no need to prove fault under the no-fault divorce law).
- Acknowledgment of Service – The court sends the application to the other spouse (the respondent), who must confirm receipt within 14 days.
- Reflection period – A mandatory 20-week waiting period follows before applying for a conditional order, allowing both parties time to consider their decision.
- Apply for Conditional Order – If the court is satisfied, they issue a Conditional Order, confirming that the divorce can proceed.
- Apply for Final Order – After a 6-week waiting period, the applicant can request a Final Order, which legally ends the marriage.
What are the grounds for divorce?
The Divorce, Dissolution and Separation Act 2022 allows you to divorce without needing to provide a reason. The Act has reformed the divorce process to remove the concept of “fault”. The changes were designed to reduce conflict between separating couples, allowing parties to focus on the key issues such as children, finance and property. The change in legislation also applies to the dissolution of civil partnerships.
How long does a Divorce take?
A divorce can take as little as six-seven months from start to finish, although it may take much longer. This is dependent on the complexities of the finances involved, which are normally dealt with between the time of conditional order (formerly decree nisi) being granted and the application for final order (formerly decree absolute).
Finances are a vital part of any divorce or separation, and it is essential that you deal with your finances when separating.
To read our recent blog on the Frequently Asked Questions of Divorce click here
How do I pay for a Divorce?
LEGAL AID is not available for most private family law cases, to include divorce or disputes concerning children and finances, except in certain specific circumstances, such as where a party has suffered domestic abuse. However, it may be possible to obtain legal aid for family mediation if you meet the financial criteria.
When Can I Get a Divorce?
You can apply to dissolve a marriage or civil partnership on the basis of irretrievable breakdown without the need to show fault on the part of either party. We can help to support you through this process.
An application is lodged with the court. After a period of 20 weeks from the date the application for divorce/dissolution is issued, it will be possible to apply for a conditional divorce/dissolution order. Six weeks after the granting of the conditional divorce/dissolution either party can apply for a final divorce/dissolution order. Consideration should be given as to whether you apply for the final order before the financial matters are resolved and we can advise you on this.
How we can help
Whether you need assistance with divorce proceedings, child custody arrangements, or financial settlements, our team is equipped with the knowledge and experience to ensure your rights are protected. We encourage you to take advantage of our Complimentary Initial Consultation, where you can speak directly with a legal professional to discuss your unique situation and explore the best options available to you.
