Divorce, Separation & Civil Partnership Dissolution

On 6th April 2022, the “no fault divorce” process was introduced. Instead of having to rely upon the conduct of the other or a minimum of 2 years’ separation, parties wishing to apply for a divorce merely need to show that the marriage has irretrievably broken down.

In the absence of apportioning blame, the process aims to minimise stress and animosity between the parties. If the parties agree upon doing so, they can apply together for a divorce as joint applicants. Alternatively, one party can choose to issue the application for divorce and the other person shall be referred to as the respondent.

Applications for divorce are now dealt with via the online Court portal. It is possible to start the divorce proceedings yourself or alternatively, one of our experienced family lawyers would be happy to assist you.

In order to be eligible for a divorce in England & Wales, you must show that:

• You have been married for at least 12 months;
• Your marriage is legally recognised in the UK (including same-sex marriage); and
• Your marriage has irretrievably broken down.

When applying for a divorce/dissolution, there is a Court fee payable of £612. In certain circumstances, a fee exemption may apply.

Once the application for divorce/dissolution has been issued, a copy will be sent to both parties (if joint applicants) or, alternatively, to the respondent party. You will need to wait 20 weeks after the divorce application has been issued before applying for the first stage in the divorce, namely Conditional Order (previously referred to as Decree Nisi).

You can apply for a Conditional Order (and continue with the divorce) as a sole applicant, even if you started the divorce process jointly with your spouse/civil partner.

The Judge will review the application and, once approved, grant a Certificate confirming the date and time the conditional order was granted.

You must then wait at least 6 weeks and 1 day (43 days) before applying for the final stage of the divorce known as the final order. It is only once the final order has been granted that the marriage/civil partnership officially comes to an end.

An important aspect to consider when applying for divorce includes any outstanding financial and property matters as well as arrangements for any children of the family. Applying for a divorce does not automatically deal with these other issues and they will need to be dealt with separately (albeit conjunctively in most cases). In most cases, parties will be advised not to apply for the final order in the divorce until all other outstanding issues have been resolved.

International divorce concerns divorcing/separating parties who have connection(s) with more than one country. For example, parties who have relocated to the UK from another country or those that have moved from the UK to live abroad.

The law concerning divorce varies significantly between countries. Often, international divorce cases attract a “petition race” where one party seeks to reserve the Court’s jurisdiction over a case because the attitude of the Courts in a particular country is more favourable to them than the other.

If you are connected with another country, it is important that you seek early advice from one of our specialist family lawyers in order to establish your options and what steps are needed to protect your best interests.

Since the introduction of The Marriage (Same Sex Couples) Act 2013, people of the same sex have been able to get married. Relationship difficulties can happen to anyone and the rules and procedures concerning a same-sex marriage are exactly the same as an opposite-sex marriage.