How the divorce process works in the UK?

There are various steps involved in the divorce procedure. By correctly preparing for and carrying out
each step, you can give yourself the best chance of a smooth, faster and cost-effective divorce that
protects your interests.

Filing for divorce – To start divorce proceedings, a single or joint divorce application must be sent to
your local family court. Within the application, you must include a ‘statement of irretrievable
breakdown’ in order to confirm that the relationship has run its course.

At this stage, it’s usually a good idea to get advice from a specialist divorce lawyer to ensure all of the
correct details are included in the application, and this can help save time.

Responding to a divorce application – If your spouse makes a sole application for divorce, you will be
notified by the relevant court and must reply within 14 days with an ‘acknowledgement of service’ form.

Conditional Order – The Conditional Order is a legal document issued by a court establishing that there
is no barrier to your divorce.

After the divorce application has been issued, there is a minimum 20-week cooling off period before you
can apply for the Conditional Order. This has been introduced as part of the no-fault divorce laws and
aims to give couples time to consider their decision and make any necessary choices.

Final Order – Once a Conditional Order has been granted, you will then need to wait at least 6 weeks,
and you can then apply for a Final Order. Once a court issues you with a Final Order, your marriage is
officially over.

Defending a divorce – Under the no-fault divorce laws, the option to contest/defend a divorce has been
removed for all but can be contested under the most limited circumstances. For instance, when
marriage is not valid, or the English/Welsh courts have no jurisdiction.

Divorce settlements – When you get divorced, you will need to agree on how to divide your finances
and what will happen to assets such as your home. If you have children, you will need to decide who
they will live with, what contact each parent will have with them and how they will be supported.

Making a financial settlement when getting divorced

When you divorce, you and your former partner will need to reach a settlement about how to divide
your money, property and any other assets. You can do this voluntarily or you can take the matter to
court and have a judge decide for you.

In most cases, it will be faster and cheaper to agree the details of your financial settlement with your ex-
partner. Methods such as mediation and collaborative law can make it easier to reach a fair settlement
while you can use a Consent Order to make a voluntary arrangement legally binding for the future.

Making arrangements for children when getting divorced

If you and your spouse have children, making arrangements for their care will no doubt be one of your
top priorities. This includes deciding who they will live with, what level of contact the non-resident
parent will have and how the children will be supported financially.

Again, this is something you can agree voluntarily or ask a judge to decide in court. It is usually in
everyone’s best interests, particularly those of your children, if you can make a voluntary arrangement.
Resorting to court action increases the likelihood of conflict between you and your former spouse with
the potential to damage your relationship further and make it harder for you to parent your children
together.

Using non-confrontational dispute resolution to get divorced

In most cases, it is no longer necessary to go to court to agree the details of your divorce, such as how to
divide your finances or what will happen to your children. Increasingly, divorce law is focused around
non-confrontational dispute resolution, allowing separating couples to agree the specifics of their
divorce.

There are two main methods of non-confrontational divorce – mediation and collaborative law. Each has
its advantages and may be appropriate in different circumstances.

Mediation for divorce – This involves parties meeting with a neutral mediator to discuss the issues and
work together to agree a settlement. The mediator’s role is to guide the discussion and defuse any
potential conflict, so the process stays productive.

Mediation is now the preferred route for resolving issues surrounding divorce and you will usually need
to attend a Mediation Information and Assessment Meeting (MIAM) to see whether mediation is
suitable for you as a standard part of the divorce process. If you wish to take your divorce settlement to
court, you will need a signed form from a certified mediator to show you have considered mediation
first.

The exception to this is in cases where mediation would clearly not be suitable, such as where there has
been domestic abuse or where one spouse now lives abroad.

Collaborative law – This involves a four way meeting between the two spouses and their respective
lawyers (who must be trained in collaborative law). Again, the focus is on agreeing a settlement, but
each party will have the benefit of their own expert legal representation. This can be a better choice
where there are more complex issue, such as a jointly owned business, to sort out

No Fault Divorce
Separating couples are now able to get a divorce, civil partnership dissolution or legal separation
without having to blame each other for the breakdown of their relationship.

As of 6 April 2022, the new law on no-fault divorce in the UK, which was originally announced in
February 2019, has brought long-awaited reforms to an area of law that had not previously changed
since 1973.
Under the new law, separating couples are no longer required to rely on one of the ‘five facts’ to prove
the ground for divorce – the irretrievable breakdown of the relationship. Instead, the new law
encourages a more constructive approach to separation, promoting reconciliation and reflection where
possible but ultimately trusting the judgment of the couple involved.

What is a no fault divorce?

A no fault, or no blame divorce is a much more straightforward and amicable approach to separation. As
per the no fault divorce process, couples will be able to file for divorce or civil partner dissolution
without having to place the blame on their former partner to prove the irretrievable breakdown of the
marriage.

No fault divorce and the other relevant chances included in the Divorce, Dissolution and Separation act
2020 only affect the proceedings related to the process of legally ending the marriage or civil
partnership. They do not relate to the separation of finances or arrangements for children.

How will no-fault divorce work?

The Divorce, Dissolution and Separation Bill, which introduced no-fault divorce, has put the following no
fault divorce laws in place:

·Kept the sole ground of irretrievable breakdown of the relationship

·Removed the requirement to establish one or more facts to prove irretrievable breakdown
·Updated the divorce language, for example:
· ‘Decree Nisi’ has become a ‘Conditional Order’
· ‘Decree Absolute’ has become a ‘Final Order’
· ‘Petitioner’ (the person submitting the application) has become the ‘applicant’

·Introduced joint applications where the couple both agree that the relationship has irretrievably broken
down (applicants are still able to submit a sole application if their partner does not agree)
·Removed the ability to contest a divorce, dissolution or separation
Introduced a new minimum period of 20 weeks from the start of proceedings to when the ‘Conditional
Order’ can be made
·Kept the 6-week period between the Conditional Order and when the Final Order can be made
What no-fault divorce means for separating couples?

The new no fault divorce laws that have been introduced will have a number of consequences for
separating couples, including:

·No more blame

·If both parties agree, they can make a joint application for divorce or dissolution, allowing them to have
a completely amicable separation
·No one will need to worry about their partner contesting the divorce or dissolution and forcing them to
go to court, saving considerable time, cost and stress
With the new time scales, most couples will have to wait about 6 months for their divorce or dissolution
to finalize. This time is intended to be a period of reflection for both parties to consider whether they
truly want to separate
·During this time, couples still need to make separate arrangements to:
·Divide their finances
·Agree to maintenance payments (if necessary)
·Sort out child residence/contact
·Agree on an ongoing parenting plan

How do I apply for a no fault divorce?

No fault divorce allows for someone to make a sole divorce application, which is then served to their
former partner, or a joint application which a couple submits together.

An application for a no fault divorce can be made online. All that is required are the names and
addresses of both partners and the original (or a certified copy) of the marriage certificate.

If a sole application is made, the court will send a copy of the divorce application (under previous laws,
this was known as a divorce petition) to the other spouse. They are then required to confirm receipt of
the application and send an ‘acknowledgement of service’ form back to the court within 14 days.

How long does a no fault divorce take?

The timescales related to the no fault divorce process are relatively straightforward. It is now estimated
that no fault divorce proceedings take a minimum of 26 weeks to finalize.

This is because there are now two separate minimum waiting periods. There is a 20 week waiting period
for the Conditional Order (this was formerly known as the Decree Nisi) to be issued and a further 6 week
waiting period for the Final Order (this was formerly known as the Decree Absolute).

Of course, the time it takes to finalize a divorce will also depend on other factors, including the division
of finances and arrangements for children.

Can a no fault divorce be contested?

No, a no fault divorce cannot be contested, except in extremely limited circumstances which the court
feels compelled to investigate further. This might include where an English or Welsh court does not have
the jurisdiction to deal with a divorce, or a marriage is not valid.

When did no fault divorce come in?

No fault divorce was introduced as a part of the Divorce, Dissolution and Separation Act 2020 on 6 April
2022.

Do both parties have to agree to a no fault divorce?

Both parties do not need to agree to a no fault divorce due to the removal of the ability to contest a
divorce. An individual can still make a sole divorce application, even if their partner does not necessarily
agree with the divorce.
Why did divorce law need reform?
Under the previous law, couples wanting to separate in the UK needed to rely on one or more ‘facts’ to
prove that their relationship had irretrievably broken down. These facts were:

·Unreasonable behavior
·Adultery (which was not available for civil partnership dissolution)
·Desertion for at least 2 years
·Separation for at least 2 years with the consent of both parties
·Separation for at least 5 years even if one party disagreed
·The divorce petition was brought by one party who was effectively made to ‘blame’ the other party for
the divorce. If one half of the couple disagreed with the divorce or the facts relied upon, they could
contest the divorce and potentially even prevent it.

This law was heavily criticized for many years for being outdated and unnecessarily stirring up conflict
between couples. In the vast majority of cases, there is no such conflict during divorce – the couple
naturally drifts apart or decides they want different things in life.

Even if there is conflict between the couple, many argued that the divorce ‘blame game’ was still
unnecessary. If one party in the couple wants a divorce, why should they be forced to prove their
grievances or potentially even be forced to stay married if the other does not agree with their reasons?

There have been several concerning cases over the years of people being forced to remain married to
incompatible and sometimes even abusive partners. For example, in 2018, Tina Owens lost her Supreme
Court battle to divorce her husband, forcing her to remain married against her will (until 2020, when 5
years of separation allowed her to get a divorce without her husband’s consent).

It was further to this case that the Government finally responded to calls to reform divorce law, finally
bringing it into effect in April 2022.