Divorce

The law has now changed in respect of divorce. The divorce procedure in the UK now involves a no fault process where couples can jointly or individually apply for a divorce based on the irretrievable breakdown of their marriage.

How long does it take?

The straightforward process can take around 7 months to complete. This will depend on whether the other party has acknowledged service and their agreement to the divorce proceeding. There are limited grounds on which they can contest the divorce. You should also have a physical address or there email address for service of documents.

Am I eligible for a divorce application?

• You must have been married for over 12 months
• You need to state that the marriage has irretrievably broken down.
• A Court fee of £612 is payable.

Contact us to make your application.

What is the application process for a divorce case?

Initial application: One or both parties apply for the divorce, providing personal information and details about the marriage.

Joint application: Both parties agree on the divorce and can apply together.

Sole application: One party applies if the other party does not agree or is uncooperative.

Responding to a divorce application

Where your spouse as filed for divorce against you, you should ordinarily receive the divorce application within 28 days of it being issued by the Court. The applicant can ask for permission to serve the application later than this in some circumstances.

If you are unsure how to complete and file the Acknowledgment of Service within the 14-day deadline, a solicitor can help you to do so.

In complex cases (or cases involving pensions, life policies or taxation issues) you may want to seek an agreement that the divorce process is delayed until all financial issues have been dealt with. Where an agreement is not forthcoming, you may need to apply to the Court asking for permission to delay. Again, a solicitor can help guide you through the process.

Under the new law, it is difficult to dispute an application for divorce. You may be able to do so if there are queries about the validity of the marriage or a dispute over jurisdiction.

Key stages 

• Reflection Period:

A mandatory 20-week period begins after the initial application, allowing for reflection and potential reconciliation.

• Conditional Order (formerly Decree Nisi):

After the reflection period, either party can apply for the conditional order, confirming the legal entitlement to divorce.

• Final Order (formerly Decree Absolute):

Six weeks and 1 day after the conditional order, either party can apply for the final order, legally dissolving the marriage. If this is applied for after 12 months from the Conditional Order being made, the applicant will have to explain the reason for this to the Court.

If you are the respondent, you can apply for a further 3 months if the applicant has not done so.

Are there any other matters that needs to be addressed during the process?

Financial matter: During the divorce process, couples can also address financial settlements related to property, assets and support. Contact us for more information.

Children: If children are involved, arrangements for their care and support should be addressed separately, either amicably or through the court.

Please call us today for a free no obligation telephone discussion by calling our London office or by email: info@arcrightlegal.com