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Divorce In England and Wales
The process of getting a divorce in the England and Wales can be complicated and it is important to understand the steps involved before beginning the process, even if it is the right thing to do for you and your spouse.
How Do I Apply For A Divorce?
As long as you are not at risk of domestic abuse, you can make a joint application for divorce with your partner or make a sole application if your partner does not agree with your request to get a divorce or will not cooperate or speak to you.
Fault Or No Fault?
There is only one ground for divorce, which is that the marriage has irretrievably broken down. From April 2022 the requirement to evidence it was replaced with the provision of a statement that the marriage has irretrievably broken down. No evidence to support the relationship breakdown is now required.
If you and your partner are still in communication and on good terms, you should try to talk about the legal and practical aspects of the case before the formal divorce proceedings start, to cut down on time and costs.
How Do I Start The Divorce Process?
The first step is to determine if you are eligible to file for divorce. To do this, you must fulfil the following criteria:
- You have been married for at least one year and have a connection to the UK.
- Your marriage is legally valid and recognised in the UK.
- The relationship has irretrievably broken down.
Once you have determined that you are eligible to file for divorce and have considered other options to resolve your relationship difficulties – such as temporary separation or counselling – the next step is to gather all the necessary paperwork.
The application for divorce is submitted to the Court online which then starts the divorce proceedings themselves.
How Much Does It Cost To Get Divorced?
When you file a petition with the Court you will need to pay the associated Court fee (currently £593). If you are using a Solicitor, you will also need to pay their fees – which are often down on a fixed agreed basis. You should work out in advance how you’re going to pay for the process –e.g. through family/friend help, savings, pro-bono support etc.
What Happens Next?
After the paperwork has been filed, the Court will then send the divorce papers by post to your spouse. Once your spouse has been served, they will have 14 days to respond to the divorce petition. If they do not respond, the divorce will be granted by default.
What If My Spouse Does Not Agree To Divorce?
If your spouse responds to the divorce petition and decides to contest the divorce, the next step will be to attend a court hearing. At this hearing, both parties will have the opportunity to present their case and the Court will decide whether the divorce can proceed or not.
What are the next steps?
Should your spouse not defend the proceedings, then 20 weeks after the divorce has started, you can apply for a conditional order.
Then, six weeks and one day after the conditional order, you can apply for the final divorce order which will bring your marriage to an end.
How Long Does It Take To Get Divorced?
It typically takes around 4-6 months to get divorced in England and Wales. However, this timeline can vary depending on the individual circumstances of each case. For example, if you have not agreed what should happen with your finances, then you may be advised to wait until they are finalised before apply for the final order on the divorce.
Find Out More
At Astle Paterson, we offer a sensitive and personalised approach to divorce law that takes full account of the personal needs, desires, and safety of both spouses, and any children involved. We can provide candid advice about the best way to approach separation and divorce for you and your family, and help you plan for the costs involved. For more information, please talk to one of our family law advisers by calling 01283 531366, or by clicking here to find out more.
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