The Divorce Process
Getting divorced is a difficult decision. But it is fairly common, with the latest ONS data revealing there were 108,421 divorces in 2019. The breakdown of a relationship is already likely to cause stress, so dealing with the legal fallout on top of that can feel like an insurmountable task.
Understanding the divorce process can help to make sense of your situation. Divorce solicitors are here to help you during times in which the security of your family or relationship is shaken.
Current Grounds for Divorce
Divorce proceedings are started by filling a divorce petition at court. It’s the initial court document for applying for a divorce. You can’t file for a divorce until you’ve been married for at least one year.
Before filing, you also need to consider the grounds for divorce. These will need to be specified as part of the divorce process. Under the one legal ground for divorce, which is that a marriage has irretrievably broken down and cannot be saved, there are five reasons (often referred to as the five facts) which are used to establish the breakdown of the marriage.
These are:
- Adultery
- Unreasonable behaviour, including:
- Physical violence
- Verbal abuse, such as insults or threats
- Drunkenness or drug-taking
- Refusing to pay towards shared living expenses
- Desertion (if your spouse left you for at least 2 years before you apply for divorce)
- You’ve been separated for more than two years (with agreement)
- You’ve been separated for more than five years (without agreement)
Source: GOV.uk
Unreasonable behaviour was the most common reason for couples divorcing in 2019. It’s often used as a bit of a catch-all for couples who want to get divorced. A solicitor will be able to explain what’s needed to establish proof for each of the five reasons.
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The Divorce Dissolution and Separation Bill explained
For years, the law didn’t have an option for couples who grow apart and want a divorce before they’ve been living apart for two years. For many, waiting this long can be a real struggle. Divorce law has also been focused on the idea of one party being at fault in order to get a separation.
There’s been much talk of a reform to include no-fault divorces, which would allow couples to divorce mutually without blaming each other. The Divorce Dissolution and Separation Bill, advocating no-fault divorce amongst other reforms, received Royal assent and became an Act of Parliament on 25 June 2020.
Although it’s not expected to come into effect until autumn 2021, it’s the biggest shake up of divorce laws in 50 years. Key changes include:
- The move towards a no fault divorce, allowing one spouse or the couple to jointly make a statement of irretrievable breakdown of the marriage.
- Stopping one spouse from contesting a divorce if the other party wants one, as the statement of irretrievable breakdown would be conclusive evidence for the court to make a divorce order.
- The introduction of a minimum reflection period of 26 weeks to confirm the marriage has broken down, eliminating the need to prove adultery, unreasonable behaviour, or go through a period of separation before divorcing.
- Simpler language to help individuals better understand the divorce process:
- Decree nisi will be replaced with Conditional Divorce Order
- Decree absolute replaced with Final Divorce Order
These are welcomed changes which should provide opportunities for couples to amicably end their marriage and reduce the impact that assigning fault can have on couples and their children. The reform will bring divorce laws more in line with the realities of modern relationships.
How Divorce Proceedings Work
Every divorce has its own challenges and a solicitor will work towards the best outcome for you, but it can help to understand the rough timeline of a divorce case:
Filing for divorce
You must complete a divorce petition form, along with details such as names and addresses of spouses and any children from the marriage. Under current laws, you’ll also need to provide the grounds of divorce. You’ll need copies of this form and will pay a court fee of £550 to begin divorce proceedings when you submit your petition to your nearest family law court.
Responding to a divorce petition
If your partner has filed for divorce from you, you’ll receive a copy of the divorce petition form.
You can:
- Agree with the divorce petition and return an acknowledgement of service form to the court within eight days.
- Disagree with the divorce petition and return an acknowledgement of service form to the court, filling in the part which confirms you are defending the divorce. You have 21 days after submitting this form to explain why you’re defending the divorce. This is known as giving an answer, and you may have to pay a court fee.
- Disagree with the divorce petition and also start your own divorce proceedings.
Court hearing
If a divorce petition has been defended, or both partners issue their own divorce proceedings, the court will typically hold a hearing. The purpose is for both parties to attend and reach an agreement.
Applying for decree nisi (to be Conditional Divorce Order under new rules)
If you received an acknowledgement of service form from your spouse agreeing to your divorce petition, you can apply for a decree nisi.
A decree nisi is the first stage of the two-part divorce order which will dissolve your marriage. It’s a document which confirms the court is happy you’ve met the legal and procedural requirements for divorce.
If your spouse defends the divorce, you can still apply for a decree nisi. You’ll need to fill in section B of the form, which requests a case management hearing before a judge. They will decide whether to grant a decree nisi or not.
Applying for decree absolute (to be Final Divorce Order under new rules)
Six weeks after you have received your decree nisi, you can apply for the decree absolute. This will legally end your marriage. The six weeks gives you time to make arrangements for finances and children, although it can be delayed up to around 12 months.
Once the court has your application and finds no errors, you and your former partner will receive a decree absolute.
Why Choose Manak Solicitors for your Divorce?
When you’re navigating the end of a relationship, you want to work with a solicitor who makes you feel comfortable. We understand that law firms can typically be a bit intimidating. We’re here to change that. You can visit our offices in Kent and London, or we hold meetings over the phone or via Zoom. We offer support in all areas of practice in English, French, Punjabi, Hindi and Urdu.
We have multiple accidentations, including Advanced Family accreditation from the Law Society, and hold ourselves to high standards. Our team is here to provide you support and advice that’s easy to understand. We want to deliver the best outcome for you. But don’t just take our word for it:
Aneeta Kaur Kang, Family Director
Aneeta joined Manak Solicitors in 2009 as a trainee Solicitor and trained predominantly in the area of Family Law. Aneeta qualified in 2012, she was promoted to Partner in 2014 and is currently the Head of the Family & Matrimonial Department.
Adella Thomas, Family, Matrimonial & Children Specialist
Adella joined Manak Solicitors in June 2016 and is part of our team of Family Lawyer Specialists. She is a member of Resolution and committed to a constructive resolution of family disputes.
Sarah Johnston, Family Solicitor
Sarah joined Manak Solicitors in March 2019 as an Associate Solicitor in our Family Department. Since qualifying as a Solicitor in 2009, Sarah has specialised in Family Law and takes an emphatic and conciliatory approach.
FAQs
When you’re navigating the end of a relationship, you want to work with a solicitor who makes you feel comfortable. We understand that law firms can typically be a bit intimidating. We’re here to change that. You can visit our offices in Kent and London, or we hold meetings over the phone or via Zoom. We offer support in all areas of practice in English, French, Punjabi, Hindi and Urdu.
We have multiple accidentations, including Advanced Family accreditation from the Law Society, and hold ourselves to high standards. Our team is here to provide you support and advice that’s easy to understand. We want to deliver the best outcome for you. But don’t just take our word for it:
How much does a divorce cost?
The cost of a divorce will vary depending on your circumstances. For an uncontested divorce, the person who applies for the divorce (known as the petitioner) could expect to pay £550 for the compulsory court fees and somewhere in the region of £900 for solicitor’s fees. Defended divorces, when one party objects to the divorce petition, are likely to be more expensive – especially if the parties can’t come to an agreement before going to court.
Find out more about the potential costs of a divorce.
Do I need a solicitor for a divorce?
There is no legal requirement to appoint a solicitor for your divorce. If a couple can reach agreement on how to distribute any financial assets and childcare responsibilities, there may be no need for solicitors.
But a solicitor can guide you through the process and get you the best outcome, especially if your divorce isn’t straightforward. They will make sure all the divorce papers are completed correctly to avoid any unnecessary delay.
Solicitors are highly recommended if you have a contested divorce and can’t reach an agreement with your former partner. It can help to reduce some of the stress.
How long does a divorce take?
A straightforward divorce can take as little as four to six months. But if there are financial matters to resolve, it could take around a year. Every case varies.