How does the divorce process work in the UK?

If you are planning on getting divorced there is a formal legal process you need to comply with. Both parties should be aware of what is required at each stage of the process to minimise the risk of any unexpected problems holding up your divorce.

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There are three key considerations as part of the divorce process in the UK: 

• formally ending the marriage - which means completing the divorce itself 

• financial arrangements, such as how the assets will be divided including any property matter and/or whether any maintenance agreements should be made;

• dependent child arrangement orders including care and maintenance

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It's important to note that you'll need to have been married for a least a year before you can get divorced. If not, you'll have to wait until one year of your marriage has passed. Alternatively, you might be able to annul your marriage if you're eligible. Speak to our experienced family law solicitors to explore your options.

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What is no-fault divorce?

No-fault divorce allows couples to obtain a divorce without the need to prove fault or wrongdoing by either party. This means that only one party has to state that the marriage has irretrievably broken down for the court to accept this as absolute. This will simplify the divorce proceedings as individuals do not need to provide evidence to assert that the marriage has broken down or prove one of the previous grounds for divorce. 

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Key stages of the divorce process in the UK 

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Starting divorce proceedings

To file for divorce in the UK, you need to make a single or joint divorce application which must be sent to your local family court. The application must include a statement that says the marriage has irretrievably broken down in order to confirm that the relationship has run its course.

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It may be beneficial to get a family solicitor to look through the details of your application to make sure that everything is as it should be and there are no other details required. This will help speed up the divorce and reduce errors. 

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Responding to a divorce application

If your spouse makes an application for divorce, you will be notified by the relevant court and you must reply within 14 days with an ‘acknowledgement of service’ form. Under the no-fault divorce laws, the option to contest/defend a divorce has been removed. Under limited circumstances you may be able to contest a divorce where your marriage is not valid, or the English/Welsh courts have no jurisdiction.

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What is the Conditional Order?

The Conditional Order is a legal document issued by a court which is a provisional decree of divorce. This is granted when the Court is satisfied that the legal and procedural requirements to obtain a divorce have been met. This is not an indication that the divorce has been finalised yet, although it will outline the date your marriage will end. 

Once the divorce application has been submitted, there is a minimum 20-week cooling off period before you can apply for the Conditional Order. This has been introduced as part of the no-fault divorce laws and aims to give couples time to consider their decision and make any necessary choices.

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What is the Final Order?

Once a Conditional Order has been granted, you will then need to wait at least 6 weeks, and you can then apply for a Final Order. Once a court issues you with a Final Order, your marriage is officially over.

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Get in touch with our family law solicitors

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Family law is a sensitive area and cases can significantly impact the lives of everyone involved. Our experienced family law team therefore always aim to provide a service that is sensitive to your situation. Our family solicitors are regulated by the Solicitor Regulation Authority and come with a wealth of family law experience to deal with even the most complex cases.
 
We will provide confidential legal advice that is tailored to you and your personal situation. We will do our absolute best to minimise any distress by making the process as quick and comfortable as possible. 
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In most divorce cases it is not necessary to have court proceedings, as long as communications are handled with care and understanding. Our divorce solicitors can help individuals during each step of the divorce process and will keep you informed at every stage.

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