How do I get divorced?

The Divorce law of England and Wales changed in April 2022 and is now on a no fault basis.  The process is straightforward and follows a strict timetable.

To be able to issue a divorce you must meet the following criteria:

1.         You must have been married for at least 1 year;

2.         Your marriage must be legally recognised in the laws of England and Wales;

3.         The marriage must have broken down permanently;

4.         The courts of England and Wales must have jurisdiction - one of the following must apply:           

• You and your spouse are habitually resident in England and Wales;
• Both you and your spouse were habitually resident in England and Wales and one of you still lives here;
• Your spouse is habitually resident in England and Wales;

• You have lived in England and Wales for at least 12 months;
• You are domiciled in England and Wales and have lived here for at least 6 months;
• Both you and your spouse are domiciled in England and Wales; or
• Either you or your spouse is domiciled in England and Wales

The Divorce Process

In order to begin the divorce proceedings you need your original marriage certificate.  If you do not have that you can apply for a certified copy from the Registry of Births, Deaths and Marriages if married in the UK, if you were married abroad you would need to apply to the place of marriage.  A small fee is payable to obtain the certified copy certificate.

You need to take a scan or photograph of the Marriage Certificate, it must be flat and show all four corners of the Certificate in the scanned document or photograph.  You will need to upload this when you begin your application.

You follow the process on the Gov.Uk website.  You can make the application jointly with your spouse or in your sole name.  The process is similar, but a joint application you will both have to consent to each stage of the process, as a sole application you will be applying for each stage.

There are 3 stages to the Divorce:

• 1^st stage : Application

  • You make the application on the Gov.Uk website, upload your copy Marriage Certificate and pay the Court fee.  You will receive confirmation once this has been issued and sent by the Court to your spouse.

  • Your spouse will then acknowledge the proceedings.  If your spouse does not acknowledge, then you may need to arrange personal service of the proceedings on your spouse.
  • There is then a 20 week mandatory waiting period.

• 2^nd stage : Application for Conditional Order

  • After the 20 week waiting period you apply for the Conditional Order, which was previously called a Decree Nisi.   The Court list a hearing shortly after the application, which no one usually attends, and provided all is correct the Conditional Order will be granted on the hearing date.
  • You are still married at this stage, but the Court do now have power to make Orders in respect of your matrimonial finances.

• 3^rd stage : Application for Final Divorce Order

  • 6 weeks and 1 day from the granting of the Conditional Order you can apply for the Final Divorce Order, previously called the Decree Absolute.  It is only upon the granting of the Final Divorce Order that you are divorced.

How long does the divorce take?

The Divorce process takes 6 months from application to final Order, each stage must be applied for and statutory waiting periods apply.  Where there are finances to be resolved, it may be advisable to delay applying for the Final Divorce Order until a financial settlement has been reached and recorded in a Clean Beak Consent Order approved and sealed by the Court.

Does Final Divorce Order include my finances?

No - you will need to negotiation those, a good time to start is when the Divorce application has been made, and the 20 week compulsory waiting period takes place. 

At what stage am I divorced?

When the Final Divorce Order has been granted, which you can apply for 6 weeks and 1 day after the Conditional Order has been made.

Divorce affects you Will if you have one, and you lose out on various financial benefits from your spouse.  It is essential to get specialist legal advice before you start divorce proceedings to ensure you fully understand the process, timings and implications.

Whilst the divorce process itself is simple, it is important to seek legal advice regarding the timing of the Divorce stages and resolving you finances which include any assets of the marriage including pensions.

If you wish to book in for an initial consultation to discuss your situation our family lawyers are based in Cradley Heath, Wolverhampton and Sutton Coldfield and serve clients across the West Midlands.  For all new enquiries, please call 01384 340580 or complete our online enquiry form and a member of our team will respond