How do I get a divorce?

For those considering separation and divorce, we’ve outlined what the legal process involves and how to begin proceedings.

Seek early legal advice

Once you have decided that divorce is the way forward for you and your family, we would advise you to seek early legal advice. Everyone’s circumstances are different and speaking to a specialist family lawyer will help you to understand how the law might apply to your personal circumstances. This will allow you to make informed decisions moving forward and to decide whether you are ready to commit to seeking a divorce or need more time to reconsider your options.

At Tisshaws we offer a 60-minute initial consultation for £150 (incl. VAT). This carries no obligation for you to either move forward with proceedings or for you to instruct us to handle your case. During this meeting we will discuss your possible options and outcomes, so you are armed with the information necessary to move forward.

You can learn what to expect from this meeting, as well as what to bring here: https://www.tisshawssolicitors.co.uk/how-to-prepare-for-an-initial-consultation-with-a-family-solicitor/

No Fault divorce

Since the introduction of No Fault divorce in April 2022, getting a divorce is a much simpler process. There is now no need to prove why the marriage has failed and either one party or both parties can apply for a divorce by confirming that the marriage has irretrievably broken down.

Eligibility for divorce

The criteria for being eligible for divorce or the dissolution of a civil partnership, is that you must have been married for at least 12 months and that the marriage is legally recognised in the UK.

If this is the case and you are both in agreement that the marriage has irretrievably broken down, you can make a joint application to the court for a divorce. If you are not in agreement over getting a divorce, either one of you can make a sole application to the court for a divorce.

More information on eligibility can be found here https://www.gov.uk/divorce

Making the application to divorce

Once you have decided whether to apply jointly or to make a sole application to the court, you’ll need the original or a certified copy of the marriage certificate in the English language for the application.

You will also need to give full names and addresses for both of you. You can also provide both email addresses.

If you provide email addresses, the divorce papers are sent online, otherwise they are sent out by post.

To start the divorce, you’ll need to fill in a Divorce Application Form D8.

The application incurs a court fee of £610.

What happens after you have applied?

If the application is correct, you’ll both be sent a notice that your application has been issued, along with a copy of the application stamped by HM Courts & Tribunals Service (HMCTS), an acknowledgment receipt and a case number.

If only one of you applied for the divorce, the other party will be sent an acknowledgement receipt. They must reply within 14 days to confirm that they agree with the divorce or that they plan to dispute it.

Disputing a divorce

The other party cannot disagree with the divorce simply because they do not want to be divorced. There must be a valid legal reason involving one of the following:

• The marriage was never valid in UK law
• The court does not have the jurisdiction to conduct the proceedings
• The marriage has already been legally ended

Applying for a Conditional Order

Once you have the divorce application issued by the court, you must wait 20 weeks before applying for a Conditional Order. This can be applied for either jointly or as a sole applicant.

The 20-week wait gives you both a chance to reflect on and decide whether the marriage can be saved or if divorce is the way forward. It is also valuable time in which to reach agreements over childcare and financial arrangements.

After 20 weeks, the court issues a Conditional Order which confirms that there is no legal reason why the divorce cannot proceed. Once the Order has been signed by a judge, you are sent a certificate detailing the time and date when the Conditional Order will be granted.

Once you have this Order, a judge will be able to approve any financial or childcare settlements you have agreed upon.

The Final Order

After the Conditional Order has been granted, a couple must wait 43 days or 6 weeks and 1 day to apply for a Final Order. Once this has been issued you are legally divorced and free to remarry.

Fixed Fee Divorce

At Tisshaws we offer a Fixed Fee Divorce for £450 (+VAT). This includes preparing and submitting all the documentation for each step of the divorce process. Clients will also need to pay the court fee, which is currently £610.

Children arrangements and financial matters

It is important to appreciate that the divorce application is separate from any agreements you may come to regarding your children and finances. While the divorce frees you both to remarry, without a legally binding agreement on both child arrangements and financial matters, you are both vulnerable to future claims and disputes.

If you are struggling with issues arising from separation and divorce, we offer a no obligation initial consultation for a fixed fee of £150 (incl. VAT), for up to one hour. At this meeting, we can advise you on all the issues relating to your personal circumstances, allowing you to make informed decisions moving forward.

To book an appointment please call 01444 472700, email us at info@tisshawssolicitors.co.uk or complete the form below.