We set out below the process for obtaining a divorce.
This process differs slightly depending on whether you are making a sole or joint application. Most applications can be submitted via the gov.uk website, however it is still possible to deal with the process via post.
Please note this does not deal with arrangements for children, or financial matters – these are dealt with separately. It is important that you take legal advice to ensure that everything is dealt with properly. More information about how to deal with arrangements for children can be found here, and arrangements for finances here.
Sole Application:
1. One person completes and submits the divorce application. They are known as the Applicant. The other person is the Respondent. There is a court fee (currently £593).
2. Once the application has been issued by the court, a 20 week ‘reflection period’ begins. The court will also send a copy of the divorce application to the Respondent. If an email address has been provided, the Respondent will receive a link to view the application, otherwise they will receive a copy via post. The Respondent is asked to complete and return an Acknowledgement of Service (AOS) to the court within 14 days.
3. Following expiry of the ‘reflection period’ the Applicant applies to the court for the conditional order.
4. The Court reviews the application, and if everything is in order, they will fix a date for the conditional order to be pronounced.
5. Six weeks and one day after the date of the conditional order, the Applicant can apply to make the divorce final, and obtain a final order. This is when you are actually divorced. It is however usual to delay applying until the terms of the financial settlement have been resolved.
Joint Application:
1. One person, known as ‘Applicant 1’, starts the divorce application and sends this to the other, known as ‘Applicant 2’, to complete their details. Applicant 1 then submits the divorce application to court. There is a court fee (currently £593). Joint Applicants can agree between themselves how the fee is to be paid, however if submitting online, this fee will be paid by Applicant 1.
2. Once the application has been issued by the court, a 20 week ‘reflection period’ begins.
3. Following expiry of the ‘reflection period’ Applicant 1 and Applicant 2 jointly apply to the court for the conditional order.
4. The Court reviews the application, and if everything is in order, they will fix a date for the conditional order to be pronounced.
5. Six weeks and one day after the date of the conditional order, Applicant 1 and Applicant 2 can jointly apply to make the divorce final, and obtain a final order. This is when you are actually divorced. It is however usual to delay applying until the terms of the financial settlement have been resolved.
NOTE: If you start a joint application and find yourselves in a situation where you are unable to continue with it, it is possible to ‘switch’ the application from ‘joint’ to ‘sole’. This can happen either at the application for conditional order or final order stage.
If you need help or want to find out more, please speak to our expert team, in confidence on 01603 679050.
