Families and divorce

A complete guide to divorce

Written by Bethany Lodge on 30th August 2024 | 30 minute read

Our expert divorce lawyers are here to support and guide you to a better future, keeping things amicable if possible. Find out more about the divorce process with answers to frequently asked questions.

This article will cover:

How do I get divorced?
How do I apply for a divorce?
Who is the applicant in a divorce?
Who is the respondent in a divorce?
What is the process for getting divorced?
What do I need to prove in my divorce petition to get divorced?
Is there anything else I need to be aware of when completing my divorce petition?
Who should pay for the divorce?
Working to resolve disputes
Should I tick the box to apply for a financial order?
Do I have to tell my spouse that I am applying for a divorce?
What should I do if my spouse does not respond to my divorce petition?
What should I do if my application for decree nisi is rejected?
What if my spouse doesn't agree to a divorce?
What happens after I receive final order/decree absolute?
How long does it take to get divorced?
What is a 'quickie divorce'?
How much does it cost to get divorced?
Can I get legal aid for divorce?

How do I get divorced?

Acknowledging that your marriage has ended is a very difficult step for a couple to take. Below is an explanation of the divorce process and some key legal points you should know before you start.

The law was changed on 6 April 2022 to make the divorce process less adversarial. Applications made before that date and not yet completed will follow a slightly different procedure from those made since, and some of the terminology is different.

How do I apply for a divorce?

You must now complete a divorce application, formerly known as a "divorce petition, " and submit it to the court.

Forms can be downloaded from the court’s website. Alternatively, you can complete a divorce application online using the Government portal . Your original marriage certificate will usually need to accompany your application.

Call our specialist solicitors on 0808 231 1320

Who is the petitioner in a divorce?

The person applying for the divorce used to be called the petitioner and is now called the applicant. Spouses can now make a joint application if they wish, meaning there may be two applicants (applicant 1 and 2).

Who is the applicant in a divorce?

The person applying for the divorce is now called the applicant, having previously been referred to as the petitioner. Spouses can now make a joint application if they wish, in which each party to the divorce would be referred to as applicants 1 and 2.

What is the process for getting divorced?

Once the applicant(s) has completed the divorce application and submitted it to the court, the court will process it. Where the application has been made online through the Government portal, the court will send the processed application to the parties by email or post (depending on whether an email address or postal address has been provided for communication). If the application has been made on paper, the court will send sealed hard copies of the application to the applicant and the respondent (or the applicants in the case of a joint application).

In the case of a sole application, the court will send the respondent a copy of the divorce application. It will require the respondent to complete an acknowledgement of service form to confirm they have received the divorce documentation and whether they agree to the divorce proceeding. (In the case of a joint application, the court will notify the parties that the application has been processed, and the parties will have 14 days to acknowledge receipt.)

Once the respondent has returned the acknowledgement of service to the court, the next stage in the divorce process is to apply for a decree nisi (if the petition/application was made before 6 April 2022) or a conditional order (if the application was made after that date). The conditional order (or decree nisi) is the court’s recognition that you are entitled to a divorce.

Applying for Conditional Order or Decree Nisi

Where the application for divorce was made on/after 6 April 2022, you will need to apply for a conditional order either through the online portal or on paper in Form D84 to confirm that the information given in the divorce application remains true. The application for a conditional order can only be made 20 weeks after the court issued the divorce application – this is known as the ‘cooling-off period’ and is designed to give parties time to consider whether they wish to proceed with the divorce.

If you started the divorce process prior to 6 April 2022 and therefore submitted a divorce petition, then you will need to apply for a decree nisi. To apply for decree nisi, the petitioner needs to apply for the decree nisi either through the online portal or on paper, using Form D84 as well as a statement in support of divorce (paper Form D80[A-E], depending on the fact relied on in their divorce petition, which is explained below). There is no ‘cooling-off period’ under the pre-6 April 2022 law.

Finalising the Divorce

Six weeks and one day (43 days) after the conditional order (or decree nisi) is made by the court, the applicant (or petitioner) can apply to legally bring the marriage to an end by applying for the final order (or decree absolute for pre-6 April 2022 petitions).

Only upon the final order/decree absolute having been made by the court, are parties divorced.

Call our specialist solicitors on 0808 231 1320

What do I need to prove in my divorce petition to get divorced?

On 6 April 2022, ‘no-fault divorce’ was introduced, meaning that the only ground for divorce in England and Wales is that the marriage has ‘irretrievably broken down’.

For divorce petitions made before 6 April 2022, one had to rely on one of five facts: adultery, unreasonable behaviour, desertion, two years’ separation (and consent), or five years’ separation. Thankfully, citing any facts is no longer necessary, and the application can be made without apportioning blame or waiting for 2+ years.

Is there anything else I need to know when completing the divorce process?

Financial claims

It is essential to reach a binding agreement on the financial arrangements arising from your divorce, including how your assets are to be divided and whether there is to be any financial support between you. If you plan to divorce or your spouse has made a divorce application, you should seek advice on your financial claims as soon as possible. Divorce does not automatically bring financial claims to an end, and you may be advised to ensure that you have a binding financial agreement before you complete the divorce process.

Connections with another country?

If you have close connections with a country, or countries, outside of England & Wales (for example, if you divide your time living between England & Wales and another country, or you are a national of another country), it will be essential to consider where the most appropriate place is to start your divorce process. The country where you apply for a divorce will be the country where financial claims will be resolved. Because approaches to financial claims can differ significantly between countries, deciding where divorce proceedings are issued is crucial.

If these issues apply to you, you should take advice from a family lawyer who can assist you before you apply.

Who should pay for the divorce?

The petitioner/applicant is entitled to apply for their legal costs to be paid by the respondent.

Before 6 April 2022, a petitioner could apply in the petition for an order that the respondent should pay the costs of the divorce (or a portion of them). At that time, in the absence of agreement between the parties, it was common to see a petitioner in a fault-based petition (based on adultery or unreasonable behaviour) seeking costs from the respondent. However, such costs were usually agreed between the parties.

In applications made after 6 April 2022, a cost application may be made on a separate form (D11), although cost orders may be less common in the absence of fault-based applications.

If there is a dispute over who should pay the legal costs, the court will decide at a hearing. This is not usually cost-effective, and independent legal advice should be sought before taking this step.

Working to resolve disputes

There are various ways to do this including: mediation, collaborative divorce and arbitration. Many divorce cases do not go all the way to a final hearing in a court. If you can avoid going to court, it will likely be quicker, less stressful and save you money.

Should I tick the box to apply for a financial order?

Yes!

However, ticking this box does not initiate a formal application for the court to decide on a financial settlement. It merely reserves your right to bring a financial application in the future (or to have the court approve an agreement reached between you).

If you do not tick this box, it might be more difficult to resolve your financial claims at a later stage, and in certain circumstances, you may be barred from financial claims in the future (e.g. if you re-marry).

Do I have to tell my spouse that I am applying for a divorce?

Technically, no, but it is considered best practice to tell your spouse that you are applying for a divorce, ideally no less than 7 days before.

Contacting your spouse in advance gives you both the chance to agree on the information in the documentation submitted to the court. This will avoid having to amend your application later if your spouse opposes what you have said. Working together from the start will, hopefully, set the tone for an amicable divorce.

If you don’t feel comfortable speaking with your spouse directly, you could send them a letter or an e-mail. Alternatively, any lawyer assisting you will contact them on your behalf.

If you feel that you would be placed at risk by discussing your application for divorce with your spouse, then you should not do so.

Your spouse will eventually find out, as the court will send them a copy of your divorce petition once it has been received and processed.

What should I do if my spouse does not respond to my divorce petition?

Additional steps will be needed to progress your divorce. The court will either need to be satisfied that your spouse is aware you have issued divorce proceedings or that you have made every effort to make them aware but have been unable to trace them.

If your spouse ignores your divorce application, you can arrange to have the documentation personally served on them. This involves a process server handing the documentation to them in person. The process server will certify to the court that they have received your divorce application. This is the proof the court needs.

Alternatively, you can ask the court to make an order that your spouse is ‘deemed’ to have received the documentation. You will need proof that they have received your divorce application, such as a text message or an e-mail. If granted, the order means the court is satisfied that your spouse has received your divorce application.

What should I do if my application for a conditional order/decree nisi is rejected?

It depends on the reason for your application being rejected. You should receive a letter (a ‘notice of refusal of judge’s certificate’) from the court explaining the reasons and what you must do next. For example, you may need to answer a question the judge raises or supply additional administrative information.

What if my spouse doesn’t agree to a divorce?

They would have to ‘defend’ the divorce proceedings. In applications made before 6 April 2022, a respondent could dispute the fact relied upon- (e.g. the alleged adultery or unreasonable behaviour). However, due to the cost implications, defended divorces were very rare.

Since 6 April 2022, applications have been made on a ‘no-fault’ basis, so there is no fact for the respondent to dispute. Therefore, the only bases for defending/disputing a divorce application are that the marriage was invalid or the English court does not have the power to deal with the divorce.

If the divorce is defended, you can still apply for decree nisi/a conditional order, but you must both attend a court hearing. You may be asked to prepare formal witness statements setting out your case.

What happens after I receive the final order/decree absolute?

You are no longer married once you receive your decree absolute/final order.

You should be aware that, as soon as you are divorced, you no longer have automatic rights of inheritance (whether under a Will or the Intestacy Rules) or some of your spouse’s pension. It is, therefore, strongly advised to resolve a financial settlement before decree absolute/final order is pronounced.

How long does it take to get divorced?

The shortest timeframe under the new divorce procedure is technically 26 weeks from application to final order. However, the amount of time it takes will depend on your circumstances. For example, there may be delays in the court processing the documentation, or it might be essential to agree on a financial settlement before applying for the final order/decree absolute which means that it is sensible to pause the progress of the divorce whilst time is taken to negotiate a settlement or seek the court’s assistance in reaching a financial resolution.

There are steps you can both take to reduce delays. Clear, open communication between you (and your lawyers, if applicable) is vital to help keep the process moving forward.

What is a ‘quickie divorce’?

A ‘quickie divorce’ is a myth - there is no such thing in England and Wales. You may see reference to a ‘quickie divorce’ in the media when reporting that decree nisi has been made, but decree nisi (now known as a conditional order) does not legally end the marriage and is the penultimate stage of the divorce before the final order.

How much will it cost to get divorced?

There is a court fee for a divorce application of £593, regardless of whether a solicitor makes the application. The court fee will sometimes be reduced, depending on your financial circumstances. You must complete a ‘Help With Fees’ form (Form EX160) to determine eligibility.

If you would like a lawyer to assist you with your divorce, their charges will be in addition to the court fee. Your legal fees will depend on their rates.

Can I get legal aid for divorce?

Legal aid is a government scheme in which the government pays part or all of your legal costs. It is now available only in limited circumstances. In England and Wales, legal aid is not available for the legal costs of divorce or dissolution unless you are the victim of domestic abuse.

Tees does not provide legal aid. If you think you may be eligible for legal aid, you should contact a legal firm with a legal aid contract. Use the GOV.UK website to find a legal aid adviser.

If you would like to discuss your circumstances with a family lawyer at Tees, please do get in touch. We would be happy to assist.