If you are contemplating divorce, have been served with divorce papers, or in the process of divorce, you likely have lots of questions that our family lawyers can answer. In this article, we have answered frequently asked questions about the divorce process. 

Divorce often comes with other issues such as child custody or domestic abuse. While these topics are not the subject of this guide, they are issues our solicitors can address. Please also see other guides on our website for further details on these issues.

How do I start divorce proceedings?

In order to initiate divorce proceedings, you need to file an application to the court giving you and your spouse’s information and informing the court that the marriage has irretrievably down. This can be a sole application (by only one party) or a joint application (by both parties together).

How much does an application cost to file?

The application fee is £612.00. If you are receiving benefits or are on a low income, you can apply for assistance with fees.

What is no-fault divorce?

Starting in 2022, the UK allowed for no-fault divorce. This allows couple to divorce without assigning blame. Instead, the requirement is to inform the court that the marriage has irretrievably broken down. 

Prior to this, a party applying for divorce had to prove one of five fault-based facts.

Is there a time restriction on filing for divorce?

It is required that you have been married for at least one year before filing for divorce. 

Do I file by myself or with my spouse?

Either of these options are permitted by the court. If you file jointly, however, you and your spouse must agree to get a divorce, and there must not be a domestic abuse risk. 

How long does it take to get a divorce?

This is highly dependent on the circumstances, but there is a minimum 20-week reflection period and a 6-week wait to get final orders after a conditional order has been granted. More complicated or contested cases can take longer.

Can you file for divorce in the England and Wales if you were married elsewhere or are not a citizen?

Yes, but you or your spouse must meet residence conditions or be domiciled in England and Wales.

Can you dispute the proceedings?

You can only dispute the proceedings based on jurisdiction issues (the court’s ability to hear the case) or validity of the marriage. You cannot dispute the proceedings simply based on not wanting to get divorced. 

Do you need to serve the application to your spouse?

If you are not filing jointly, you need to send the application and a form to fill out to your spouse (the respondent). The court will often do this on your behalf. The respondent will then need to acknowledge the service and respond to the court. The respondent must be served within 28 days of filing the initial application. 

If the respondent wishes to dispute the application, they must file and serve an answer within 21 days after the acknowledgment is due. Given the limited grounds for dispute, this is rare.

What if your spouse does not respond to the application?

If you can show your spouse received it, the court may be able to deem the application as served and proceed. If you cannot find your spouse, you may request the court proceed after reasonable efforts to locate them. Both of these options depend on the circumstances of the matter.

What about service with joint applications?

In joint applications, the court will send copies to each party after the application has been issued. The parties each must acknowledge receipt within 14 days. 

What is a conditional order?

This order simply means that the court has confirmed that the parties are entitled to a divorce, but the divorce is not yet final. In order to make an order, the court needs confirmation from one or both parties that they wish to divorce application to continue.

What financial disclosure is required?

When the parties need to resolve financial issues, they are each required to provide a comprehensive disclosure to the court (Form E). This is to ensure that the court and each party have all the necessary information to make a fair judgment. 

When can the court make financial orders?

The court can make binding financial orders after a conditional order has been granted. 

How long does it take to get a final order after a conditional order has been granted?

The minimum is six weeks until you can apply for a final order. It is important to note that not everyone should apply for a final order immediately. 

Why would you want to wait to apply for a final order?

Final orders can change how assets are divided. It is often prudent to wait until the finances are sorted to apply for a final order. 

How does the court divide assets if the parties cannot agree?

Courts have wide discretion in dividing assets with the goal of a fair outcome to both parties. Ensuring the well-being of any children is the court’s first priority. 

How is child custody determined?

The courts first give the parties the opportunity to make arrangements without assistance. If that is not possible, the court can make a child arrangement order. The court will focus on the children’s best interest in making this order. Please see our FAQ section on this website for more details.

What is MIAM?

MIAM stands for Mediation Information and Assessment Meeting. This is typically a requirement in family disputes where children are involved. It is an opportunity to find a mutually agreeable solution and avoid a more contentious and time-consuming court proceeding. 

What if your partner is abusive?

If you are suffering from abuse, there are several ways that the courts can provide protection. These included non-molestation orders and occupation orders. There are FAQ sections on this website that explain these options in more detail. Our solicitors are also here to assist if you need help.

Who pays for the costs of the divorce proceedings?

Each party is typically responsible for their own costs in hiring representation. However, you can make a claim against your partner to cover your costs. The judge will then determine if the claim is appropriate.