If you are in the midst of considering a divorce, it’s helpful to know what you can expect during the proceedings. In England and Wales, the new no-fault laws have changed the divorce process. According to Brookman, UK and international family lawyers, either party can initiate a divorce without the consent of the other, and either one party or both parties can apply to the court to state that their marriage or civil partnership is no longer retrievable. To help familiarise you with how the process works, we’ve set out the key stages of divorce in the UK.
Before you begin a divorce
Before you initiate proceedings make sure you qualify to get a divorce. This means you will need to have been married for a minimum of one year, your marriage is legally recognised in the UK and your marriage is not retrievable.
- Begin your application
To make a divorce application, either one party alone, or the two parties in the marriage jointly submit the application which can be done online. You will need to provide the names and addresses of both spouses along with your marriage certificate. If you made a single application, your spouse will receive a copy of the application. Prior to the new laws, a single person applying for a divorce would have to demonstrate one of the previous grounds for the divorce but as of April 2022 this is no longer required.
- Acknowledgement of service
At this stage, your spouse is obliged to complete the Acknowledgement of Service (AOS) form, a legal document used by the courts in divorces. The responding spouse must use the document to tell the court they have received it and they acknowledge that their spouse is seeking a divorce. On the form they must detail whether they agree to the divorce before sending it back to court. They have 14 days to complete and return it.
- Reflection period
In line with the new laws, there is now a 20-week reflection period beginning from the start of the proceedings. The idea is that couples have enough time and opportunity to decide on practicalities related to their divorce. This could be matters to do with where they will live following the divorce, how assets will be divided and how the children will split their time with each parent.
- Apply for a conditional order
The next step is to apply for a Conditional Order which the court then reviews for approval. If approval is granted, you will be issued with a Certificate of Entitlement which takes around two-three weeks to be sent out to you.
- Six-week cooling off period
Before you can apply for a Final Order, you will be given six weeks where you can submit a financial consent order to the court if you need to. If you have a financial consent order drafted by your solicitor, now is the time to apply for it to be approved from the court. This order separates all financial ties between a divorcing couple and prevents any financial claims being brought against either party in the future.
- The Final Order
Lastly, when the court ultimately grants the Final Order, your marriage has legally ended.
Conclusion
A UK divorce typically takes 6-7 months before it is completed. Whether you are the one who initiated it, or if the news your partner wants a divorce has come as a surprise, the process is usually a difficult period for all concerned. However, although the process is necessary and quite rigid, putting yourself in the know means proceedings can feel less onerous.
