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Getting a divorce

Divorce is an emotionally challenging time regardless of the length of the marriage or the reason for the breakup. As experienced family solicitors, we understand that this period requires support and clear, concise legal advice.

The process

‘No-fault’ divorce was introduced in April 2022. This means that married couples (both same-sex and opposite sex) and civil partners can initiate divorce proceedings without having to assign blame. This approach has helped to reduce conflict between divorcing or separating couples. Although the procedure is straightforward, there are some specific requirements:

You must have been married for more than 12 months
Your relationship must have broken down irretrievably
Your marriage must be legally recognised in the UK

A no-fault divorce application can be made online via the gov.uk website and we can help to guide you through this process. This can be done as either a sole or joint application.

Once you have applied for divorce, there is a 20-week ‘cooling off’ period. Some couples use this time to decide if there is any scope for reconciliation and if not, to discuss finances and arrangements for children.

Once the 20-week period has passed, an application can be made for a Conditional Order (this used to be known as the decree nisi). The Conditional Order confirms that the court sees no reason why you cannot divorce and sets a date to make this declaration.

You can apply for the Final Order (formerly known as the Decree Absolute) six weeks from the date of the Conditional Order. The marriage only comes to an end once the Final Order has been granted,

We would usually advise not applying for a final order until you have agreed a financial settlement which has been endorsed by the court.

Finances

An important part of the process involved in a divorce is around arranging your finances as changing your legal status through divorce may have significant financial consequences.

Although some couples may be able to reach an agreement themselves, often they require some help. This can be delivered by negotiation between their respective solicitors and also via mediation, collaborative law, or arbitration.

It is vital that couples get sound advice on the correct way to value and share property, savings and income. Assets such as pensions are often neglected and require special consideration. In each case the relative merits of achieving a ‘clean break’ (receiving a lump sum) or receiving ongoing support are considered.

Once an agreement is reached, the court will usually be asked to endorse the settlement terms in a consent order. This can only be done if divorce proceedings have been issued and there is a Conditional Order in place.

Children

If there are children under the age of 18, you will need to make arrangements for them. This will include deciding where they will live, how often each parent will see them, and how they will be supported financially.

Even if divorce proceedings are issued, the court will not make any decisions relating to the children unless they are asked to do so.

Many parents use the guidance of their family lawyer to prepare a parenting plan that sets out how the practical arrangements will work. A parenting plan can highlight issues in the hope that they can be discussed and agreed. If issues become difficult you can ask a third party to help such as a mediator, and only applying to the court for a decision as a last resort.