We understand that deciding to end a marriage is one of life’s toughest choices. Our experienced divorce lawyers are here to support you every step of the way, helping you keep things as amicable as possible.
Below, you’ll find answers to common questions about the divorce process.
How do I get divorced?
Accepting that your marriage has ended is incredibly difficult. We’re here to guide you through the legal process with sensitivity and care. Since 6 April 2022, divorces in England and Wales follow a simpler, less confrontational process known as ‘no-fault divorce.’
You can get divorced in England or Wales if all of the following are true:
- You’ve been married for over a year
- Your relationship has permanently broken down
- Your marriage is legally recognised in the UK (including same-sex marriage).
How do I apply for a divorce?
You’ll need to complete a divorce application (previously called a ‘divorce petition’) and submit it online via the government’s portal or by post. You’ll usually need your original marriage certificate.
Who is the applicant/respondent?
- Applicant: The person applying for divorce (previously the ‘petitioner’).
- Respondent: The other spouse.
You can now apply jointly, in which case you’ll be referred to as Applicant 1 and Applicant 2.
What is the divorce process?
- Submit the divorce application.
- Acknowledgement: The respondent confirms receipt within 14 days receipt of the application.
- Conditional Order (formerly known as the ‘Decree Nisi’): Apply after a 20-week waiting period.
- Final Order (formerly known as the ‘Decree Absolute’): Six weeks later, you can apply to have the marriage legally ended.
Do I need to prove anything to get divorced?
Under the new system, you no longer need to blame your spouse or give reasons—state that the marriage has irretrievably broken down.
Do I have to tell my spouse I’m applying for divorce?
Legally, no—but it’s strongly advised. Giving at least seven days’ notice allows for smoother, more amicable proceedings. If safety is a concern, speak to a solicitor first.
What if my spouse doesn’t respond?
If your spouse ignores the application, you can arrange for the papers to be personally served or apply for a court order confirming they’ve received the documents.
What if my spouse doesn’t agree?
Since 6 April 2022, divorces are no-fault—your spouse can’t block the divorce unless they can show the marriage wasn’t valid or the court has no jurisdiction.
What if my application is rejected?
The court will explain why your application was refused and what you need to do to fix it—usually, this is a simple clarification or extra document.
What should I do if my spouse serves me with divorce papers?
You should read the application carefully to ensure all the details are correct and whether it is a sole or joint application. It is important to respond promptly to the Acknowledgement of Service form, which must be completed within 14 days of receiving the application. This can be done online or by post. If you do not respond, the court may proceed with the divorce without your input.
It is advisable to engage a solicitor at an early stage to help navigate the process. It is important to remember that divorce itself does not resolve financial matters, and separate steps will need required to address the financial arrangements.
How long does divorce take?
The quickest divorce takes at least 26 weeks from application to final order, but delays (e.g. court backlogs or financial negotiations) may extend this.
Can we stop the divorce if we decide to reconcile?
Yes – you can change your mind up until the court issues the Final Order, which ends the marriage. However, both spouses must agree and how easy it is to do this depends on the stage the proceedings have reached.
- Before the Conditional Order – if the divorce application has been issued and acknowledged by your spouse, but no Conditional Order has been made yet, the application can be withdrawn by agreement. You should submit a Form D11 application, accompanied by a consent order signed by both spouses, asking the court to dismiss the application.
- Between the Conditional Order and Final Order – Even when the Conditional Order has been made, you can still withdraw the divorce application, as the Conditional Order is simply the court’s confirmation that it is satisfied that the divorce can proceed. Again, this will need to be agreed, and you should submit a Form D11 application accompanied by a consent order signed by both spouses asking the court to dismiss the application but also to rescind the Conditional Order.
- After the Final Order – once the Final Order has been made, you will officially be divorced, which cannot be reversed. However, should you and your ex-spouse wish to reunite or remarry, you are of course able to do so.
Are divorce proceedings public record?
Yes, some divorce records in the UK are considered public records, but access to them is limited to certain types of information. Only the Final Order is public. Information contained within the Final Order includes:
- The name of both parties
- The date of the marriage
- The place of the marriage
- Details of the court granting the divorce.
While Final Orders are a matter of public record, many details of divorce proceedings are kept confidential to protect the privacy of those involved. Details relating to financial settlements and arrangements for children are not publicly accessible.
How much does it cost to divorce?
- Court fee: £612 check GOV.UK for the latest cost (subject to reduction in some cases—check the ‘Help with Fees’ scheme).
- Legal fees: Vary depending on your solicitor’s rates.
Can I get legal aid?
Legal aid is only available in limited circumstances, such as cases involving domestic abuse. Tees does not offer legal aid, but you can search for legal aid solicitors on the GOV.UK website.
Who pays for the divorce?
The applicant can ask the court to order the respondent to contribute to legal costs, though this is less common under the no-fault system. Most couples agree privately on how to split costs.
What happens after the Final Order?
Once the final order (formerly decree absolute) is granted, you’re legally divorced. Remember:
- Financial claims remain open unless settled.
- Your inheritance rights and pension entitlements may change.
What else should I know?
Financial Arrangements: A divorce doesn’t automatically settle financial matters. You should agree on how to divide assets, property, pensions, and whether financial support is needed. A binding legal agreement is highly recommended before finalising the divorce.
International Connections: If you or your spouse has ties to another country, speak to a family lawyer early—the country where you divorce affects how financial matters are decided.
Should I apply for a financial order?
Yes—ticking this box preserves your right to resolve financial matters, even if you don’t want to apply right away. Without it, you could lose the ability to make future financial claims, particularly if you remarry.
Should I hide or move my assets to protect them?
No – deliberately hiding, transferring, undervaluing, or dissipating assets during divorce or financial remedy proceedings can have serious legal and financial consequences. The family courts require both spouses to give full and frank financial disclosure. If the family court believes someone has tried to conceal or move assets to defeat the other spouses claim it can:
- Draw adverse inferences against them
- Re-open transactions
- Freeze assets through injunctions
- Award a large share to the other spouse
- Make costs orders
- In serious cases, treat it as contempt of court.
Even transfers to friends, family members or companies can be scrutinised if they appear intended to diminish the value of the asset pool. The family court will carefully consider the timing and purpose of any transactions. It is therefore important to obtain legal advice to ensure your interests are protected while remaining compliant with your legal obligations.
What is an annulment?
An annulment is a legal process that declares a marriage null and void, treating it as if it never existed. Unlike divorce, which ends a valid marriage, annulment can be applied for at any time, not just within the first year of marriage. Grounds for annulment include that the marriage was never legally valid, or that one spouse was in a prior marriage or civil partnership. To obtain an annulment, you must prove specific legal criteria and it is advisable to seek legal advice from a solicitor to navigate the process.
Is legal separation different to divorce?
Yes – legal separation (also known as ‘judicial separation’) is a process that allow spouses to separate and live apart without getting a divorce. It can be a suitable alternative for those who are not ready to divorce or who have personal or religious reasons for not wanting to do so. Legal separation allows spouses to maintain certain legal benefits and protections, such as inheritance rights, pension entitlements, and tax benefits, whilst living apart. Spouses must file an application with the court and receive a court order granting legal separation. It does not dissolve the marriage, and neither spouse can remarry without obtaining a divorce.
How can disputes be resolved?
Court isn’t the only way. Consider:
These alternatives are often faster, less stressful, and more cost-effective.
Please speak to our family law specialists
We know that every situation is unique. Contact us to discuss your circumstances in confidence. We’re here to help you move forward.
