Making the decision to get a divorce can be a particularly emotional and stressful time in someone’s life.
However, the process of getting a divorce does not need to be complicated, especially with the use of the services of a specialist family lawyer.
If you wish to get a divorce but are unsure where to start and what is required, we have put together some helpful information to guide you.
Historically, to obtain a divorce, it was necessary for the party applying for the divorce to establish that the marriage had broken down irretrievably by proving one of five facts. Three of the facts were based on fault and two facts were based on a period of separation.
From 6 April 2022, instead of relying on fault or separation, an application for divorce simply states that the marriage has broken down irretrievably and fault does not come into question.
Removing fault from the divorce application process allows you to legally end your marriage without blaming the other spouse.
You can still make a sole application if you so wish. You or your solicitor should complete the application form in its entirety. You will be the applicant, and your spouse will be the respondent.
You need to have been married for at least one year before you can apply for a divorce.
You will need to decide who should apply for the divorce. Applications can be made jointly or solely.
A joint application should only be made where you can be sure that both parties will remain in agreement throughout the process.
It is usually easier to make a sole application to avoid the duplication of work involved in a joint application.
When making a sole divorce application, the individual who made the application will be named the ‘Applicant’ and the other spouse will be the ‘Respondent’.
There is a court fee of £612 to submit the divorce application (subject to certain exemptions for those eligible for Help with Fees).
This could be paid by yourself or there could be an agreement that it will be shared between both spouses. If parties are represented by solicitors, there will also be legal costs on top of the court application fee.
You are advised to obtain legal advice prior to embarking on the divorce process.
If you are embarking on the divorce process, it is important for you and your spouse to consider the financial arrangements and you need to think about your financial needs, including the needs of any children.
For the purposes of any arrangements for the finances or children that need to be made, it does not matter who starts the divorce process.
You can ask the court to make orders about money or children if necessary, during the divorce proceedings, but these applications are separate from the divorce.
You can still apply for a divorce if you have not resolved the arrangements for the finances or children.
To start divorce proceedings, you will need your original marriage certificate or a certified copy. This will need to be uploaded with your application and will help you fill in details such as the date of your marriage.
If it is not in English, you will need to include a certified translation.
If you have changed your name since you got married, then you will also need to provide proof of your name change, such as your deed poll document.
You will need to provide your spouse’s name, home address and email address.
You will be asked to confirm that your marriage has irretrievably broken down on the application form.
It is no longer necessary to explain to the court why the marriage has broken down.
You will then need to make the application for divorce. You can instruct a solicitor to make the divorce application for you or, you can make the divorce application yourself.
Please see out latest article on ‘DIY Divorce: The cost & Process of Divorcing Without a Solicitor’ to be aware of the risks involved in carrying out a DIY divorce.
Applications may still be made by paper using Form D8, however divorce is now mostly an online process. Online applications are made using HMCTS online divorce service. This is a simple and user-friendly system.
The application involves providing a clear, coloured copy of your marriage certificate. Details of both parties will need to be provided such as full name, address, email address and details of instructing solicitors. The application also requires confirmation that the marriage has irretrievably broken down.
It is vital that within the application it is confirmed that you are applying for a financial order for yourself, and where children are involved, a financial order for the children will also be necessary.
Confirmation that you are applying for a financial order does not commence financial proceedings however it will allow you to make a financial order application at some point in the future.
If you applied jointly, the court will send notice of the issued application to both parties, and you must both acknowledge receipt.
If you made a sole application, the respondent has 14 days from receipt of notice that you wish to divorce to acknowledge service.
The minimum timescale for a divorce to be granted is 26 weeks. This can be broken down into a 20-week period between the issue of the application and the conditional order (formerly decree nisi), which allows for a period of reflection in which finances can be resolved.
Six weeks from the pronouncement of the conditional order, you can apply for the final order (formerly decree absolute). The final order marks the legal end of the marriage.
It is usually advisable not to finalise the divorce until financial matters have been resolved, as termination of the marriage can affect inheritance rights, pension rights and taxation.
As part of the divorce application process, the court will not consider the arrangements for any children.
Our family team can provide specialist advice to help you reach an agreement about the time your children will spend with you and where they will live.
If you feel comfortable doing so, try speaking to the other parent to try and reach agreement.
The children and Family Court Advisory and Support Service (Cafcass) is an organisation which provides advice and support to separated parents. The website has lots of helpful guidance and you can download a parenting plan to help you document what arrangements and actions you have agreed will benefit the children.
If it is not possible to reach agreement about the arrangements for the children outside of court or using one of the alternative dispute resolution methods listed below, it may be necessary to apply to the court for a child arrangements order. T
his is an order under Section 8 of the Children Act 1989 that determines where a child will live and who they will spend time with.
The orders that the court can make include, but are not limited to, the following: -
The starting point is that the assets built up during the marriage are shared, but this is not a hard and fast rule.
The courts’ objective is for the assets to be divided between spouses fairly, taking into account the circumstances of the parties and the factors set out in Section 25 of the Matrimonial Causes Act 1973.
Any financial arrangement made between you and your spouse must be incorporated in a legally binding court order.
Spouses have financial obligations for one another, which do not end once a Final Order of divorce has been obtained.
If a court order is not obtained, the other party may go against the agreement reached in the years to come, and there would be no way to enforce the agreement previously made.
Although you and your spouse may agree to the principle of a clean break, only the court can dismiss claims for financial relief.
If a clean break order is not obtained, either party may also apply to the court for a financial order several years after the divorce, if finances were not dealt with in a legally binding order during the divorce proceedings.
It is therefore extremely important that assets are dealt with at the time of the divorce.
Court attendance may be necessary if you and your spouse cannot agree on matters such as finances or arrangements for children.
However, going to court should be seen as a last resort, and an experienced divorce lawyer will only proceed to this stage when all other means to reach an agreement have been exhausted.
Mediation should be considered if it is suitable, and the family team at Myerson can recommend accredited mediators who can assist you with working out the best options for settlement.
In mediation, an accredited family mediator will act as a neutral third party and facilitate discussions about how to reach a mutually agreeable solution.
Although mediation is the most common form of alternative dispute resolution (ADR), there are a range of other options including arbitration, collaborative law and private financial dispute resolution.
The collaborative divorce process involves parties sitting down in the same room with their collaborative lawyers to try and work things out face to face instead of exchanging letters.
Mediation and collaborative law can promote communication and encourage co-operation between parties to remove the stress and anxiety of court proceedings.
Arbitration and private hearings can take place in a more suitable venue in surroundings more conducive to promote settlement discussions with a judge who is able dedicate the whole day to the case. This can help to reduce stress by allowing parties more time.
Our team are all members of Resolution, an organisation of family practitioners committed to helping separated couples resolve matters constructively to avoid unnecessary conflict.
If you have any more questions or would like more information regarding starting divorce proceedings, you can get in touch with our Family Law Solicitors below.
Nichola has over 16 years of experience acting as a Family solicitor. Nichola has specialist expertise in divorce and high net-worth financial settlements, separation, co-habitation, pre-nuptial agreements, complex disputes regarding children, fertility law and surrogacy law.
About Nichola Bright