If you want to end your marriage in the UK, you can apply for a divorce. If you’re in a civil partnership, it’s called a dissolution, but the process is essentially the same.
Divorce can be a complicated and daunting process. The process can take time and varies depending on your specific circumstances. Factors like whether there are children involved, shared finances, or property ownership can add complexity.
At Calthrops, we understand how overwhelming it can be to navigate this process. Our team of experts has extensive experience helping people in Lincolnshire and the surrounding areas manage the complexities of divorce, working to achieve outcomes as harmoniously and stress-free as possible.
Here’s a step-by-step guide to getting a divorce in the UK.
Legal Grounds for Divorce
You can apply for a divorce or dissolution after being married or in a civil partnership for at least one year. The legal grounds for divorce in the UK traditionally included irretrievable breakdown, adultery, or unreasonable behaviour. However, since April 2022, the law now allows for no-fault divorces, meaning that you don’t need to provide a specific reason or assign blame to your spouse. This can make the divorce process less contentious.
Key Decisions to Make
Given the emotional, financial, and legal implications of divorce, it’s wise to seek legal advice early in the process. Ideally, you and your spouse should try to reach an agreement on:
- Division of Assets and Finances: How will shared money, savings, pensions and other assets be divided?
- Property Arrangements: What will happen to your home?
- Children’s Living Arrangements: If you have children, where will they live and how will parenting responsibilities be shared?
Even if you haven’t reached an agreement, you can still apply for a divorce, but unresolved issues may lead to a more prolonged and complicated process. Typically, the divorce process itself takes at least eight months, but this timeline can extend depending on how long it takes to negotiate a financial settlement and how contested matters are.
Step-By-Step Process of Getting a Divorce in the UK
Decide Who Will Apply
Determine whether you’ll apply for the divorce together (joint application) or whether one of you will apply alone (sole application).
Original Marriage or Civil Partnership Certificate
Ensure you have your original marriage or civil partnership certificate.
Complete the D8 Form
Fill out the D8 divorce application form. You can apply online via the government website or by post. If you’re making a joint application, you’ll both need to sign the form. Once you have made the application, the court will check the application and then issue it. The application then enters a 20-week hold period.
Serve the Papers
The court will notify your partner by serving the divorce papers. This step is crucial, especially if they were not part of a joint application.
Responding to the Divorce
Your spouse must respond to the divorce application and agree for the divorce to proceed. The only ground to contest the divorce is that the court does not have jurisdiction or there is not a valid marriage, however these are very rare scenarios and therefore it’s likely that the divorce will not be contested. There may be issues with your spouse responding to the divorce application and an application for deemed service may be required. We can assist with this if necessary.
Apply for a Conditional Offer
Once the court is satisfied that all legal requirements have been met and the 20-week holding period has passed, you can apply for a conditional order (formerly known as the Decree Nisi), which is a provisional declaration that the court sees no reason why you cannot divorce.
Final Order
After a minimum of six weeks and one day from the date of the conditional order, you can apply for the final order (formerly known as the Decree Absolute), which legally ends your marriage or civil partnership. However, it is advised that Final Order is not applied for until there is a financial order in place. From the date you are able to apply for Final Order, you have 1 year to make the application, and it is therefore advisable to ensure there is a financial order in place before Final Order is applied for.
Financial Settlements and Child Arrangements
Finalise agreements regarding the division of assets, savings, and pensions before Final Order is applied for. Also, ensure that child custody and maintenance arrangements are settled. Legal advice is crucial here to avoid future disputes.
Update your Personal Details
Once the divorce is finalised, make sure to update all your personal records and documents, such as your will, bank accounts, and any other legal documents.
Here to Support Your Journey
Navigating the divorce process can be challenging, but you don’t have to go through it alone. At Calthrops, our expert family lawyers are here to provide clear, practical legal advice from the outset. We can communicate with your spouse or their solicitor on your behalf, arrange representation in court if necessary, and work tirelessly to secure the best possible outcome for you and your family. We’ll help you understand your legal standing and guide you through each step.
Contact Us
Our goal is to minimise tension and stress by offering sound legal advice to help resolve these sensitive issues. We strive to achieve negotiated agreements whenever possible, as escalating conflicts benefit no one. However, if court proceedings are unavoidable, you can trust that we have the experience and resources to support you through every stage of the process.
Contact us today to discuss your requirements.
