How to Get a Divorce in the UK – Step-by-Step Guide
Divorce is the legal process that formally ends a marriage. In England and Wales the law has changed in recent years, introducing a “no-fault divorce” system, which allows couples to end their marriage without assigning blame.
Although the divorce process is now more straightforward, important issues still need to be considered, including financial settlements, property division and arrangements for children.
At TM Fortis Solicitors, our experienced family law solicitors provide clear advice and guidance to clients across Manchester and the surrounding areas who are considering divorce or separation.
This guide explains the divorce process in the UK, how long it takes and the issues you should consider before applying.
What Is No-Fault Divorce?
The law relating to divorce in England and Wales changed in April 2022 with the introduction of the no-fault divorce system.
Under the previous system, one spouse had to rely on specific reasons for divorce, such as unreasonable behaviour or adultery. The new system allows couples to apply for divorce simply by stating that the marriage has irretrievably broken down.
This means:
- There is no need to assign blame to either spouse
- The process is generally less confrontational
- Couples may apply jointly or individually for divorce
The aim of the new system is to reduce conflict between couples and make the process more straightforward.
Who Can Apply for Divorce?
In order to apply for a divorce in England and Wales, certain requirements must be met.
You can apply for divorce if:
- You have been married for at least one year
- Your marriage is legally recognised in the UK
- Your relationship has irretrievably broken down
In addition, at least one of the following must apply:
- Both spouses live in England or Wales
- One spouse lives in England or Wales and intends to remain here
- England or Wales was the couple’s last permanent home
Divorce applications are usually made online through the Family Court system.
The Divorce Process Step by Step
The divorce process in England and Wales involves several stages.
1. Divorce Application
The process begins when one or both spouses submit a divorce application to the court stating that the marriage has irretrievably broken down.
The application is then sent to the other spouse.
2. Acknowledgement of Service
The respondent (the other spouse) must confirm that they have received the divorce application.
Under the no fault divorce system, it is no longer possible to contest a divorce simply because one spouse does not want the divorce.
3. Conditional Order
After the divorce application has been issued, there is a mandatory waiting period of 20 weeks before the next stage.
After this period, the applicant can apply for a Conditional Order, which confirms that the court sees no legal reason why the divorce cannot proceed.
4. Final Order
Six weeks after the Conditional Order has been granted, the applicant can apply for the Final Order, which legally ends the marriage.
Once the Final Order has been issued, the divorce is complete.
How Long Does Divorce Take?
Under the current divorce law, the minimum timeframe for completing a divorce is usually around six to seven months.
This includes:
- A 20 week waiting period between the application and the Conditional Order
- A 6 week waiting period between the Conditional Order and the Final Order
However, the overall process may take longer depending on factors such as:
- Delays in paperwork
- Disputes regarding finances
- Arrangements for children
It is often advisable to resolve financial matters before the Final Order is granted.
How Much Does Divorce Cost?
There are several costs involved in the divorce process.
The court fee for filing a divorce application is currently £612 (subject to change).
Additional legal costs may arise if you instruct a solicitor to assist with:
- Preparing the divorce application
- Negotiating financial settlements
- Drafting consent orders
- Representing you in court proceedings
The total cost of divorce will depend on the complexity of the case and whether disputes arise regarding finances or children.
What Happens to Finances After Divorce?
Divorce does not automatically resolve financial matters between spouses.
Even after a divorce is finalised, financial claims may remain open unless they are formally addressed.
Financial matters that may need to be resolved include:
- The family home or other property
- Savings and investments
- Pension funds
- Business interests
- Spousal maintenance
Couples may be able to reach agreement through negotiation or mediation. Once agreement is reached, it is usually formalised through a Consent Order approved by the court.
If agreement cannot be reached, the court may determine financial arrangements through financial remedy proceedings.
What Happens to Children After Divorce?
If a couple has children, arrangements must be made regarding their care following separation.
These arrangements may include:
- Where the children will live
- How much time they will spend with each parent
- Schooling and education
- Holidays and travel arrangements
Parents are encouraged to reach agreement where possible.
If agreement cannot be reached, either parent may apply to the court for a Child Arrangements Order, which determines how the children will spend time with each parent.
The court’s primary consideration is always the welfare and best interests of the child.
Do You Need a Solicitor for Divorce?
It is possible to apply for divorce without using a solicitor, particularly if the divorce is straightforward and both parties are in agreement.
However, legal advice can be extremely helpful where issues arise concerning:
- Financial settlements
- Property disputes
- Pension division
- Arrangements for children
A family law solicitor can ensure that your legal rights are protected and that agreements are properly documented.
When Should You Seek Legal Advice?
Seeking legal advice at an early stage can help you understand your rights and avoid potential disputes.
You should consider consulting a solicitor if:
- You and your spouse cannot agree on financial matters
- There are disputes regarding property or pensions
- Arrangements for children are unclear
- One party has significantly greater financial resources
- There are concerns regarding domestic abuse
Early legal advice can help you understand your options and guide you through the divorce process more smoothly.
How TM Fortis Solicitors Can Help
At TM Fortis Solicitors, our experienced family law solicitors provide advice and representation in all aspects of divorce and family law.
We can assist with:
- Divorce applications
- Financial settlements and property division
- Pension sharing arrangements
- Consent Orders
- Child Arrangement Orders
- Domestic abuse protection orders
Our aim is to provide clear legal advice and help clients resolve family law matters as efficiently as possible.
Contact Our Family Law Solicitors
If you are considering divorce and would like advice regarding your legal rights, our experienced family law solicitors at TM Fortis Solicitors in Manchester can assist you.
Contact TM Fortis Solicitors today on 0161 220 6040 to arrange a consultation and discuss your circumstances.
