The Divorce Process

The breakdown and dissolution of a marriage can be an overwhelming and stressful time as you get to grips with a major change in your life and plan the next steps.

To help make life that little bit easier, our family law experts and specialist divorce solicitors are going to explain the whole divorce process so you know what to expect if you are ever in this situation and can plan for the process.

The Legal Process

To be able to get a divorce or dissolution of marriage in England or Wales there is a set legal process that you need to follow.

You will have to show that you have been married for more than a year and that the marriage has broken down for one of the following reasons:

• Your spouse has committed adultery
• Your spouse has behaved in such a way that you cannot be expected to live together.
• That your spouse has deserted you for at least two years.
• That you have been living apart for two years and your spouse also wants a divorce.
• That you and your spouse have lived apart for five years.

No-fault divorce where no blame is apportioned to either side is also set to come into force next year after UK Parliament passed the divorce and Dissolution Act, which will more than likely come into effect sometime during the Autumn of 2021.

Stages of Divorce

Petition – To begin proceedings, one party will lodge a petition with the court. This is a document setting out all the details of the marriage, names, addresses, children’s dates of birth and the grounds for divorce. This is sent to the court along with the court fee and will be stamped by the Court and then a copy will be sent to the petitioner’s spouse.

Acknowledgement of Service – Once your spouse has received a copy of the petition, they must complete a form which acknowledges receipt of the petition and whether they accept the divorce. If your partner does not return the form you can pay the court to serve papers to them.

Decree Nisi – The court will check the divorce papers and if they are happy with them, will issue a decree nisi. A decree nisi means the court agrees that your reasons for the divorce have been proved. A decree nisi does not mean your divorce is final. You must wait six weeks to apply for a decree absolute.

Decree absolute – Six weeks and one day after the decree nisi is granted you can apply for the decree to be made absolute (final), which finally brings the marriage to an end. If you do not make an application within three months, the other partner can then apply for it.

It is important to bear in mind that if the other person wishes to defend the divorce, then there would need to be a court hearing, however, this is extremely rare.

Alongside that process, you and your partner will need to work out arrangements for any children and sort out your family finances and housing arrangements.

How much does a divorce cost?

The cost of legal support varies across the country. Lawyers typically charge an hourly rate for the time they spend on your case, and for each letter or phone call. Sometimes they will charge you on a ‘fixed fee’ or some other basis.

You will be sent a letter after your first meeting with your lawyer, which will set out the charges and details of who will be handling your case.

In some cases, you may be entitled to legal aid, which will help with your legal costs. The divorce solicitors will tell you if you are entitled to legal aid.

Whether you use divorce solicitors or not, you must pay court fees to get a divorce or dissolution. This is currently £550 in England and Wales.

There may also be other fees involved, such as your partner having to pay to answer the acknowledgement of service (currently £245).

How long does it take to get a divorce?

If your partner cooperates the divorce is likely to take four to six months from start to finish. Sorting out the finances and children through court often takes a lot longer. Sometimes, more than 12 months. Using an alternative method to court such as mediation can often reduce the time it will take.

Dissolution of a civil partnership

The process for dissolution of a civil partnership is the same as for divorce. The only exception is adultery, which is a specific legal term relating to heterosexual sex and which cannot, therefore, be used as grounds for dissolving a civil partnership.

If your partner is unfaithful the grounds for dissolution would instead be unreasonable behaviour.

Contact Us

You can rely on Knightsbridge Solicitors to support you with your family and relationships. Our experienced team of divorce solicitors are ready to help you. Contact us today on 0115 824 1700 to arrange a free 30-minute consultation or get more information.