Getting a divorce is undoubtedly one of life’s most stressful experiences. In addition to the heightened emotions which naturally accompany the breakdown of a relationship, divorce also demands that a series of potentially difficult decisions be made. Those decisions may require challenging conversations to take place.
Adding young children into the mix, detangling finances and dividing up assets such as a joint marital home can bring further anxiety, stress and worry. Unsurprisingly, getting a divorce is no quick fix. It can take weeks or months to move through each stage, thanks to complex paperwork and mandatory waiting periods.
If you’re thinking about getting a divorce, knowing what to expect as you navigate the legal process can make the experience less stressful and far less confusing for the whole family.
What are the main stages of the divorce process in the UK?
The divorce process is determined by The Divorce, Dissolution and Separation Act 2020. This major piece of legislation was a much needed modernisation of the UK’s existing divorce law, which had remained largely unchanged for more than half a century.
The Divorce, Dissolution and Separation Act 2020 set out new processes and requirements for divorce in the UK. It’s most notable for the introduction of the ‘no fault’ divorce. This removed the requirement for one partner to assign blame to the other for the breakdown of the marriage. The Act also made the process of getting a divorce much quicker and easier than was previously the case.
Stage 1: Check eligibility
Before you can proceed with a divorce application, you must meet the following three eligibility requirements
- You must have been married for more than one year
- The relationship is irretrievably broken
- Your marriage is recognised under UK law
Stage 2: Decide on the type of application
The next stage is to decide who will apply for the divorce. There are two options. The first is to make a joint application. If you aren’t at risk of domestic abuse and you and your spouse agree, you can apply together. If you apply jointly but are then unable to agree with your former partner, or if they become uncooperative, you can switch to a sole application after 20 weeks.
The second option is to make a sole application. You’ll need to choose this pathway if your partner doesn’t agree with the divorce or isn’t likely to be responsive to court notifications.
Stage 3: Completing the application
To fill in the necessary paperwork, you’ll need a copy of your marriage certificate and your former partner’s name, address and contact information. You can then apply online or by post.
When completing the application, you’ll be given the option to withhold your home address from your partner. If you have concerns about your safety, tick this box to ensure the court doesn’t pass that detail along. Your divorce solicitor can help you to complete the form correctly. To file the paperwork, you’ll need to pay the £593 fee.
Stage 4: Acknowledgement of the application
Your application is checked. You’ll then receive a notice that your application has been issued, a copy of the application stamped by HM Courts and Tribunals Service, an acknowledgement receipt and a case number. If you applied as a sole applicant, your partner is given 14 days to respond. They must indicate whether they agree with the divorce of plan to dispute it.
Stage 5: Applying for a conditional order
The court will decide on whether your divorce can go ahead. This is known as a conditional order.
Stage 6: Applying for a final order
The final order signifies the formal end of your marriage.
How do uncontested vs. contested divorces affect the timeline?
If the divorce is uncontested, you’ll be able to move seamlessly through each stage of the process. However, if your former partner decides to contest the divorce, it can take significantly longer. They’ll be asked to outline their grounds for disputing the divorce. These must be legally valid. If they indicate they wish to contest your application, you may be asked to go to court. This can add weeks or months to the timeline.
What are the mandatory waiting periods during the divorce process?
There are two mandatory waiting periods during the divorce process. The first comes immediately after your application is made. You’ll need to wait for a period of 20 weeks after the application is issued before you can apply for a conditional order. You’ll then need to wait 43 days or six weeks and one day to then apply for the final order.
How can complications or disputes extend the divorce timeline?
It’s common for disputes could arise during the divorce process. Typically, these will relate to things like financial settlements and child arrangements. If you and your former partner can’t agree on how assets should be divided and how jointly owned property, debts and spousal support payments will be handled, it’s likely that your divorce will take longer than the minimum six month timeframe.
Likewise, if you can’t agree on matters of child custody, including visitation rights and maintenance payments, it’s very likely that the divorce process will take much longer.
What steps can be taken to expedite the divorce process?
Getting a divorce does take time but you can ensure the process moves forwards with as few delays as possible by taking a few key steps.
- Retain a solicitor: A family solicitor can help your divorce proceed efficiently by checking all paperwork is completed and filed correctly, avoiding administrative delays. A solicitor can also provide advice on next steps, help you gather any required paperwork and represent you should you need to go to court. Importantly, they can also mediate on your behalf.
- Remain amicable: If you can maintain an amicable relationship with your former partner, the divorce process can be faster and easier. Being in agreement and applying jointly will help to cut down on delays.
- Reach a financial settlement: Agreeing on major issues such as financial settlements and child arrangements can speed up the divorce process.
If you’re considering getting a divorce, it’s important to obtain legal advice. A family solicitor can guide you through the process and act in your best interests. Please contact us to speak to a member of our team in confidence.
