Having to make the decision to start divorce proceedings can be incredibly daunting and therefore we find it helpful to our clients to view divorce as a process with five main stages to help the whole procedure seem more manageable.
Current Divorce Law
Some of you may remember the old divorce law where you could only apply for divorce if you had one of the five reasons such as unreasonable behaviour or 2 years’ separation with consent. This all changed in April 2022 to no fault divorce. This means you do not have to establish any specific reason for the divorce, only that the marriage has irretrievably broken down.
The divorce process today follows the following five stages:
Stage 1: Application
In England and Wales, you are eligible for divorce if:
- You have been married for over a year;
- Your marriage is legally recognised;
- Your marriage has permanently broken down.
If you satisfy all the above conditions, you can apply for divorce.
You can instruct a legal professional to carry out your divorce alternatively, you can carry out the divorce yourself, using the online application process via the Government website.
The application asks you for contact details for both yourself and your spouse, as well as details regarding your marriage such as where you were married and the date you were married. Also, the Court requires a copy of your marriage certificate.
Once you have completed the application, you can then submit this to the Court with the accompanying court fee of £593 (as at 16 October 2024).
Stage 2: Acknowledgement
Once the application has been submitted to the Court, they will then forward your application to your spouse for them to acknowledge receipt of the divorce application. At this point, your spouse can either agree to the divorce or dispute the divorce.
However, it is important to note that your spouse can only contest the application on the following grounds:
- Jurisdiction – if you and your spouse live in another country, the courts in England and Wales may not be able to deal with your application.
- If you can prove that the marriage was never valid. Such as if the marriage was not carried out in accordance with the laws of England and Wales.
- If the marriage has already legally ended. If you have already gone through divorce proceedings in a different country.
If your spouse does agree with the divorce application, they will need to complete the acknowledgment of service form and return this to the Court within 14 days of receipt of the application.
Stage 3: Holding Period
Once your spouse has responded to the application, the Court will inform you that you are now in a 20 week holding period until you can apply for your Conditional Order.
This 20 week period is useful to allow parties some time to discuss their finances and come to an agreement.
Stage 4: Conditional Order
After the 20 weeks, the Court will inform you that you can now apply for the Conditional Order.
This is an important step and you must ensure you apply for the Conditional Order, as the Court cannot assist you with any financial agreement without the Conditional Order.
Once you have applied, the Court will provide you with a date for the pronouncement of a Conditional Order.
The pronouncement hearing is not a hearing you need to attend.
Once you are in receipt of the Conditional Order, you have a further 6 weeks plus one day until you can apply for the Final Order.
Stage 5: Final Order
The Final Order is the final stage in the divorce and dissolves your marriage.
Once 6 weeks and one day have gone by, you can apply for the Final Order.
However, it is important to note you may not wish to apply for the Final Order until you have an agreed financial settlement with your spouse by way of Court Order.
If you’re considering applying for a divorce and looking for legal advice and support, here at Consilia Legal we have a wealth of experience in family law matters. To speak to one of our award-winning family law solicitors, you can call 0113 322 9222 or email enquiries@consilialegal.co.uk