How do I get a Divorce? | The Basics of the Court Process Explained

When facing divorce, seeking advice early on is crucial as it prepares you for what lies ahead, allowing you to effectively plan for the journey. We highlight the essential steps involved in the legal process of divorce or the dissolution of a civil partnership.

1- Applying for Divorce

There are 2 options when issuing your divorce application

• You can submit it online at www.gov.uk/divorce/file-for-divorce;
• Or send a paper form D8 to the Court (although paper applications take much longer).

You can then decide whether to apply as an individual or as a couple.

Individual application:

An individual application, sometimes referred to as a 'sole' application, is submitted by one spouse or partner to be delivered to the other, who then has the chance to respond. In this context, the individual making the application is called the applicant or sole applicant, while their spouse or civil partner is referred to as the respondent.

In a single application process, applicants cannot convert their application into a joint one. Therefore, the choice to apply individually or in partnership with another party must be determined at the time of the initial application.

Joint application:

A joint application for divorce, judicial separation, or ending a civil partnership requires both parties to apply together, referred to as joint applicants. Both parties share equal responsibility for the application and are designated as applicant 1 and applicant 2, in contrast to the terms used in sole applications, which distinguish between applicant and respondent.

Although joint applications are suitable for some, there are situations where they may not be suitable, such as in cases of domestic abuse. In these situations, individual applications can be made, as mentioned previously.

For the purpose of the application, you will need:

• Your original marriage certificate or a certified copy (and a certified translation if it is not in English)
• Proof of your name change if you have changed it since you got married – e.g. your marriage certificate or deed poll/change of name deed
• Both parties full name and address (and the other parties email address if you have it)
• You will also need to pay the Court fee of £593 unless you are entitled to Help with Fees (HWF) which is for those on a low income or on benefits. HWF can be applied for online or on paper. If you apply online, you will be given a reference number which you will use when you apply for the divorce. Once the Court makes a decision about your application for HWF, and if your application was successful, you could still be asked to pay part of the Court fee. If you are making a joint application for divorce, you must also jointly apply for Help with Fees and if one party is not eligible then neither party will be.

2- Acknowledgment

Once the Court issues your application, the other party to the divorce proceedings will be sent a copy of your application by the Court. They will then need to log in with the link the Court sends to them to acknowledge receipt of your divorce application and to confirm that they do not intend to defend your application. If the application was made on paper, they may respond in that way too. If the other party confirms that they do intend to defend your divorce application, they will need very good reasons as the grounds to defend a divorce are now extremely limited.

3- Waiting Period

There is a mandatory wait period of 20 weeks, from the date your divorce application was issued by the Court, before you may apply for the Conditional Order. This is referred to as the 20 week ‘cooling off’ or ‘reflection’ period. This presents a chance for the couple to come to an agreement on practical plans for their individual futures and to reconsider their decision. Even if you issue a joint application, you could proceed solely if the other party stops engaging in the process.

4- Conditional Order

Once the 20-week cooling off period has concluded, the Applicant will submit their request for the Conditional Order.

A Conditional Order represents the intermediary phase in the no-fault divorce process, confirming that you have fulfilled all legal requirements for divorce in England and Wales. Formerly referred to as the Decree Nisi, this stage involves specific procedures and deadlines that must be adhered to in order to proceed to the next step.

5- Court Review

The court examines the Application for a Conditional Order and if the application is approved, confirms the date upon which it intends to grant the Conditional Order.

6- Second Waiting Period

Once the Court has issued your Conditional Order, you will need to wait an additional 6 weeks and one day before applying for the Final Order, which dissolves the marriage.

However, before you proceed with the Final Order application, it is essential to consider the financial aspects of your divorce as financial matters arising from the breakdown of the marriage need to be dealt with alongside the divorce. Financial ties are not automatically broken upon divorce, and it is therefore important to seek legal advice to ensure marital assets are distributed fairly and that financial ties are properly severed.

If the couple wishes for a financial settlement to be legally binding, they need to prepare a Financial Consent Order and submit it to the court for approval/or make an Application to the Court for a Financial Order where a settlement cannot be reached between the parties. Failing to seek a financial remedy from the Court before the final divorce Order may lead to adverse financial consequences.

7- Final Order

Once the 6-week period is over, the couple can submit an application for the Final Order. A Final Order is a legal decree that officially terminates a marriage. Once this order has been issued by the Court, both you and your ex-partner will be formally divorced and free to enter into a new marriage.

The Applicant will file an individual application but if they do not do so, the Respondent can apply three months later.

It typically takes a day or two for the court to issue the Final Order after it has been applied for online. Once the couple receives Order, their marriage is officially dissolved.

Court Fees

Regardless of whether you hire a lawyer, you will need to pay a Court fee to obtain a divorce or dissolution. Currently, the fee is £593 in England and Wales.

When it comes to financial matters, if both partners reach an agreement and only need the Court's approval for a Consent Order, the Court fee is £58. However, if an agreement cannot be reached and financial proceedings are initiated, the court fee rises to £303. In cases where there is no consensus on child arrangements and you proceed with Children Act proceedings, the court fee is £255.

For the latest cost information, please visit the gov.uk website.

Divorce Timeline

Due to the 20-week cooling-off period, a no-fault divorce takes at least 6 months. Resolving financial matters and children matters through the Court can often extend this timeframe, sometimes taking 12 to 18 months. However, opting for an alternative approach to Court proceedings can significantly shorten this timeframe.

Read more about alternatives to court and how Hegarty can help here.

Financial Aspects of your Divorce in a Nutshell

It’s important to remember that before applying for the Final Order within the main suit divorce proceedings, it is essential to ensure that all financial matters are resolved and finalised. Failing to do so may result in unforeseen financial obligations towards your ex-spouse in the future.

If both parties can amicably reach an agreement regarding financial settlements, you should formalise this agreement in a Consent Order and submit it to the Court for approval. However, it is imperative to note that you cannot file the Consent Order until the Court has granted the Conditional Order.

If you do not secure a sealed Consent Order, or Financial Order, from the Court then you will not have a ‘clean break’ in place which means that, even after you are divorced, either party can still make financial applications to the court against the other spouse.

If you and your ex-spouse are unable to reach an agreement, and solicitors have been unable to reach an agreement for you, you may need to attend a Mediation, Information & Assessment Meeting (MIAM) with a mediator. If mediation then takes place and is successful, you will be able to file a Consent Order with the Court setting out the agreement reached at mediation.

Should mediation prove unsuccessful or unsuitable, it may be necessary to seek a resolution through the Court, where a Judge will determine the division of matrimonial assets. Once your Consent or Financial Order is secured, you can proceed to apply for the Final Order, thus concluding your divorce proceedings.

How can Hegarty help?

When a relationship breaks down the emotional and practical fallout can be far-reaching. Our lawyers believe in getting you the right result as quickly, inexpensively, and amicably as possible. We have solicitors who are members of Resolution and the Family Law Association which promotes a non-confrontational approach to resolving family problems.

Our specialist family lawyers provide the pragmatic support needed to make the very best of a difficult situation and they understand that no family is the same, so they offer tailored advice to your circumstances.