Guide to the Divorce Process
If you're going through a divorce, we know that you'll have lots of questions about how the process works.
This guide takes you through some of the common questions we get asked about - from the grounds you can use to divorce your partner, to the likely cost.
What are the grounds for divorce?
From 6 April 2022, the law on divorce changed and no fault divorce replaced the old system.
You no longer need to give a reason for the breakdown of the marriage, or to blame one party. Instead, you give a statement which confirms that the marriage has broken down irretrievably.
You must have been married or in a civil partnership for at least 12 months before submitting your application.
Frequently Asked Questions
If you have any other questions, please get in touch with our expert family law team.You can now apply for a divorce or dissolution either on your own, or jointly with your spouse. In a sole application, the person applying will be known as the ‘applicant’ and their spouse/civil partner will be known as the ‘Respondent’.
In joint applications, both parties will apply for their divorce or dissolution. together.
These are the key stages to the divorce process:
1. Divorce documents filed at court
You can apply for the divorce jointly or apply individually. You (or your lawyer) submit the divorce application to the court, together with the marriage certificate and court fee (see our pricing page for more information). The Court will then issue the application.
In sole applications, the court sends the divorce application to the Respondent, letting them know that the Applicant wants to divorce them. The court will also send a form to the Respondent called the "acknowledgement of service".
The Respondent has 14 days after receiving the acknowledgement of service to complete and return it to the court. This document confirms to the court that the Respondent has received the divorce documents and also whether they intend to ”dispute" the divorce.
There are now very few reasons as to why someone may be able to dispute the divorce process. This should make the process smoother, more predictable and less stressful.
2. Conditional Order
A conditional order is a document that says that the court doesn’t see any reason why the parties can’t divorce or dissolve their civil partnership. This was previously known as a ‘Decree Nisi’.
3. Final Order
A final order is the legal document that ends the marriage/civil partnership. You can use it as evidence that the marriage or civil partnership has come to an end. This was previously known as a ‘Decree Absolute’.
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