How to get a divorce
The end of a relationship can be difficult and distressing for all those involved. Whatever your situation and however complex the issues, we are here to support and advise you.
Divorce is the legal process of going from married to unmarried. Dissolution is the term used to describe the same process but in relation to civil partnerships. The legal process for both is the same.
How to get a divorce
In order to get a divorce, you must have been married for over 12 months and the marriage must have irretrievably broken down. Before April 2022, you would also have to rely on ‘facts’ which included adultery and behaviour; this is no longer needed. You must also ensure that you meet the legal criteria on ‘jurisdiction’ which is the rules that govern whether this or another country is the right place for divorce proceedings.
You can now also apply for divorce as a sole applicant or jointly with your spouse. In reality, whether you apply solely or jointly will make little difference to the overall process and timescales. You would make your application online via the online HMCTS portal and it will come with a court fee of £593 which you would usually agree to be shared with your partner.
The divorce is broadly split into two stages once the initial application has been made. The first stage is called the conditional order (previously decree nisi); this is confirmation that you are entitled to apply for a divorce. You can apply for the conditional order 20 weeks after you have made the application for divorce. The second stage is the final order (previously decree absolute) which legally dissolves your marriage. You can apply for this six weeks and one day after the conditional order has been pronounced.
Though you may be keen to get the divorce finalised as soon as possible, it's important to consider the financial implications of divorce. If you apply for a final order before you have resolved your financial situation with your spouse, you may lose out on benefits that you may otherwise be entitled to (eg, spousal pension benefits and inheritance laws). It's important that you seek advice from a family lawyer at the same time as seeking your divorce.
What is a no fault divorce? Can I still talk about what my partner did?
As of April 2022, the divorce process in England and Wales is based on ‘no fault’ which means that when making your application, you don't need to give any reasons to back up your declaration that the marriage has irretrievably broken down.
Before April 2022, you would have had to base your application on one of five ‘facts’ for divorce, or one of four ‘facts’ for dissolution. The most popular of these ‘facts’, unreasonable behaviour, required you to list the things that your partner did wrong in the relationship which has led you to get a divorce, ie you had to highlight their faults. It's no longer possible to seek a fault based divorce and there is no opportunity to raise your partner’s behaviour in your petition.
Though not relevant to the divorce, your partner’s behaviour during the marriage and since separation may still be relevant to resolving financial and children matters in divorce. In financial proceedings, this would be called running a ‘conduct argument’. These are often difficult to run. Our lawyers can advise you on whether the behaviour that you have experienced is sufficient to run such an argument.
Costs of divorce
The cost of divorce will always be a concern. We will be upfront with you about our fees and our settlement-focused approach will help keep your costs down.
At the end of the day what you and your partner spend on lawyers will usually be coming out of the family pot. You'll want to know where you stand on fees and be confident that you're getting value for money.
The level of costs in a divorce depends on many factors, such as the complexity of the issues and the experience of the lawyers advising you, but the main thing is the time your legal team spends on your case. Essentially, the more work that has to be done the more the costs will be. And conflict and court battles increase costs. That's one of the reasons we're so committed to a non-confrontational approach and the search for agreed outcomes.
We will be transparent about our costs by:
- Offering fixed fees where appropriate for all or some of the work we're doing for you
- Providing clear estimates at the outset and keeping them under constant review
- Providing a breakdown with each bill (usually monthly) of what's been done
We will work with you to ensure you make the best use of the budget you have.
How we can help
We can help you through the divorce process and advise you of the options available to you. You may need to consider also obtaining a religious divorce alongside the legal divorce, and we can support you through this. Before obtaining a divorce, we can talk through alternative options with you.
Though the divorce process itself is usually quite straightforward, there are other factors related to the relationship breakdown that can make the situation complex and challenging. These can include agreeing interim living arrangements, reaching a financial settlement, and agreeing arrangements for the children. These matters are not automatically resolved when you get a divorce. It's important that you seek advice from a family lawyer about these topics before making your application for divorce.
Whatever your situation, our team of lawyers can help you. We can advise you on:
- Entitlement to divorce, and the process and procedures that apply
- How to apply for a divorce, the ground, the relevance and timing of the different stages of the divorce process and how to make sure you understand and protect your rights throughout
- Arrangements for children, where they live and the time that they spend with each of you
- The financial consequences of divorce
- International aspects
Ready to talk to us?
Our team of specialist family lawyers are here to support you if you're going through a divorce. Speak to our team today.
Our divorce lawyers
Our family and children team is known for its commitment to reducing conflict. This is why all of our lawyers are members of family justice organisation Resolution. It's also why so many of us offer mediation and collaborative divorce as well as negotiation and court representation and arbitration.
Your divorce may be complex but, wherever possible, we will encourage agreement. Going to court for more than the divorce process itself is sometimes necessary but usually there's a better way. We know from experience that decisions you make for yourselves, supported by the advice we provide to ensure you're protected, are more likely to be effective and better for the family in the long term than those imposed on you by a judge in court who doesn't know you. If you do need an independent decision, arbitration offers a much more flexible, dignified and speedy process.
When it comes to preparing for divorce, we can help. Do you need guidance on how to file for divorce? Or do need to know more about how to get a divorce? No matter how simple or complex your needs are, talk to us today for divorce advice and support.
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Divorce FAQs
No two relationships are the same. When couples begin to struggle in the relationship, there are a range of options available to them. For example, for some couples, they may wish to seek couples counselling or take a break from the relationship. Even for those who wish to end the relationship, divorce is not the only option.
Some marriages can be annulled and some couples choose not to get divorced but instead, to legally separate (this is called judicial separation). We can advise you of which alternatives to divorce may be possible and appropriate in your case.
For more information about alternatives to divorce, see our alternatives to divorce page.
In order to get a divorce you have to have been married at least a year although in certain circumstances you may be entitled to an annulment before that. You need to meet the legal criteria on what is called "jurisdiction" which is the rules that govern whether this or another country is the right place for the proceedings. Since 6 April 2022, you have to confirm that your marriage or civil partnership has irretrievably broken down.
Unless you qualify for an exemption on financial grounds there will be a court fee payable, currently £593.
The legal divorce process is different to the religious divorce process. If you have had a religious marriage, then you will need to seek a religious divorce as well.
It's important that you go through both processes. If you only obtained a legal divorce, then you may still be considered married within your religious community which may have implications for future relationships. If you only obtained a religious divorce, then you will still be considered legally married in England and Wales which will affect your financial rights and ability to remarry in the future.
To find out more about religious divorces, take a look at our Jewish Divorce and Islamic Divorce pages.
Your divorce will take a minimum of 26 weeks and one day. This is because you have to wait at least 20 weeks between your initial application for a divorce before applying for the first stage (conditional order) and then you have to wait a further six weeks and one day before you can apply for the second and final stage (the final order). There could also be delays which increases the time taken. If you started your divorce before 6 April 2022, then your process will be slightly different.
Though you could be legally divorced within as little as 26 weeks, it may not be advisable to apply for the final order this quickly. Disputes about financial or children arrangements can take longer to deal with. If you apply for a final order in divorce before the financial arrangements are agreed, you could lose out on spousal benefits that you would otherwise be entitled to. It's important to seek advice from an expert.
In order to apply for a divorce, you must satisfy the jurisdiction requirements. These consider whether you and/or your partner are either habitually resident or domiciled in England and Wales. These terms are not clearly defined in law and will require proper consideration if there is any risk you may not be habitually resident or domiciled in the UK. This area of law is complex; a specialist will be able to advise you on whether you meet the jurisdictional requirements to apply for divorce.
A jurisdiction race refers to you and your partner attempting to apply for divorce in different jurisdictions from each other, hoping to get in there first. You may try to do this when one jurisdiction offers a more favourable financial settlement to you than another.
It's important in this circumstance to balance the need to establish jurisdiction before your partner with proper research into which jurisdiction is most appropriate and favourable to you. It's a complicated area of law but we are experienced in dealing with jurisdiction races.
The grounds for challenging an application for divorce are very limited. If you apply for divorce and confirm that the marriage has irretrievably broken down, then the court must accept this statement as conclusive. Primarily, the only grounds on which your partner can challenge your application is by challenging the validity of the marriage itself or disputing the jurisdiction that the divorce has been applied in.
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