A Guide To: Divorce Procedure
Olivia Sheanon
Family and Employment Solicitor
Background
The divorce process in England and Wales changed significantly on 6 April 2022 with the introduction of ‘no-fault divorce‘. These changes also apply to the dissolution of civil partnerships. The law and procedure in this guide are for applications for divorce made on or after 6 April 2022. If you or your spouse applied for a divorce before 6 April 2022 then the previous laws and rules will apply. These changes also apply to the dissolution of civil partnerships.
Criteria for starting divorce proceedings in England and Wales
You can get divorced in England or Wales if all of the following are true:
- You’ve been married for over a year;
- Your relationship has permanently broken down;
- Your marriage is legally recognised in the UK; and
- You or your ex are habitually resident or domiciled in England and Wales, meaning:
- You or your ex were domiciled in the UK when you began divorce proceedings;
- Your ex is habitually resident in England and Wales;
- You are habitually resident in England and Wales and have been living here for at least 12 months immediately before you issued your divorce petition; or
- You are domiciled in England or Wales and have been living here for at least six months immediately before you issued your divorce petition.
If I got married overseas, is my marriage valid in England and Wales?
Marriages that have taken place overseas (i.e., outside the United Kingdom) will only be legally recognised in the law of England and Wales if they are legally recognised in the country where they took place and also according to the domicile of the parties.
For example, if you and your husband married in Saudi Arabia through a legally recognised ceremony and both were born, raised, and settled there, English law will likely recognise your marriage.
Applying for Divorce
To obtain a divorce you must confirm that your marriage has irretrievably broken down. Irretrievably broken down means the marriage has ended permanently and cannot be fixed. If you are applying for a divorce, you will be asked to confirm that your marriage has broken down on the application form.
As of April 2022, it is not necessary to explain to the court why the marriage has broken down. If abuse or other safety concerns exist, the court will address them in other proceedings like child arrangements but won’t delay the divorce process.
Stage 1: Apply
An application for a no-fault divorce can be made online.
No-fault divorce lets one person apply alone and serve the application to their former partner, or allows couples to submit a joint application.
If you make a sole application, the court sends the divorce application to your spouse. They must confirm receipt and return an ‘acknowledgment of service’ form to the court within 14 days.
Stage 2: Conditional Order
After completing service, the applicant(s) must wait 20 weeks before applying for a conditional order. This ‘cooling off’ period lets couples reflect on continuing the divorce.
Once this 20-week period has expired you may apply for a conditional order on a form
Stage 3: Final Order
Six weeks and one day after the date of your conditional order, you can apply for your final order.
This ends your marriage, making you formally divorced. However, don’t apply for the final divorce order until you resolve financial orders or reach an agreement, which the court must approve.
How long does a no-fault divorce take?
The time limits to process divorce require just over 6 months from application to final order. However, the process is likely to take longer depending upon how long it takes for the court to process each stage of the divorce and how long it takes each spouse to respond.
What GOOD LAW INTL can do for you
Our divorce solicitors bring extensive expertise in handling divorces and arranging financial divisions and suitable child arrangements afterward.
Advice on divorce applications following the introduction of no-fault divorce, effective from 6 April 2022, is also available.
Understanding the cost of divorce proceedings, our goal is to offer expert guidance at competitive, reasonable prices, with clear cost estimates and time frames provided from the start.
Services include:
- Starting divorce proceedings as a sole applicant
- Starting a joint divorce application
- Making arrangements for finances
- Making arrangements for children
- Engaging in alternative dispute resolution
- High net worth divorces
- Civil partnership dissolution
- Legal separation
A warm welcome to GOOD LAW INTERNATIONAL. To learn more about us and our practice areas, we invite you to browse through our website and contact us .
