Divorce
Check Eligibility
- You must have been married for at least one year.
- Your marriage must be legally recognised in the UK.
- Either you or your spouse must live in England or Wales (or have a strong connection to the UK if applying from abroad).
Apply for Divorce
- You (or both partners jointly) must submit a divorce application to the court.
- This can be done online via the gov.uk website or by post using a D8 divorce application form.
- There is a £593 court fee (as of 2024), but you may get help if you have a low income.
Court Issues an Acknowledgment of Service
- If one partner applies alone, the court will send the other spouse a notice and ask them to confirm receipt within 14 days.
- Since the new law removed the need for one party to “accept” the divorce, the process cannot be contested (except on legal grounds like jurisdiction issues).
Cooling-off Period (20 Weeks)
- There is a minimum waiting period of 20 weeks before applying for the first stage of divorce.
- This allows couples time to reconsider or make necessary financial and childcare arrangements.
Apply for a Conditional Order
- After 20 weeks, you can apply for a Conditional Order (previously called a Decree Nisi).
- The court will check everything and, if satisfied, grant the Conditional Order, confirming that the divorce can proceed.
Apply for a Final Order
- After six weeks and one day from the Conditional Order, you can apply for the Final Order (previously called a Decree Absolute).
- Once granted, the marriage is legally ended.
Other Considerations
- Finances & Property: A separate financial settlement (through a Consent Order or court ruling) is needed to divide assets.
- Children: You must make arrangements for children separately, but courts can get involved if disputes arise.
- Legal Support: You don’t need a solicitor, but legal advice is recommended for complex cases.
Would you like more details on financial settlements or child arrangements?
No matter the complexity, our team is here to help you navigate these sensitive issues with care and expertise.Schedule your initial consultation today to learn how our experienced team can work towards a positive resolution for your case. Simply request a call back via the contact form, call us free on 0330 333 8797, or email info@wildings-solicitors.co.uk.
Questions you might have? (FAQs)
Divorces typically take around six months to reach the Final Order. However, the timeline can vary if there are ongoing financial matters related to the divorce. In these cases, the process may take a little longer, as the Final Order will be requested once the Financial Order has been finalised.
Hiring a solicitor helps alleviate the emotional stress often associated with family matters. Our friendly and professional family team is dedicated to easing these pressures by working closely with you, ensuring you receive the best possible service throughout the process.
Under the new divorce law, it’s important to consider whether a single or joint application is the best option. Joint applications can be made by both parties when there is mutual agreement, and in such cases, the costs can be equally shared between them. This approach can help simplify the process and reduce individual financial burdens.
Since the introduction of the ‘no-fault’ divorce in April 2022, the requirement to apply under the previous five criteria has been removed. This change was implemented to encourage amicability between parties. Additionally, there is now the option to make a ‘joint’ divorce application. Our specialist family solicitors at Wildings are happy to offer a no-obligation 30-minute consultation to discuss your options.
Book your initial consultation with our Family Law Solicitors in Birmingham. Freephone 0330 333 8797, request a callback or email info@wildings-solicitors.co.uk for specialist advice.
