I definitely want to divorce this year. How do I start?
First, you’ll need to have been married for at least a year.
Since the no fault divorce came into effect in April 2022, the procedure has changed. Separating couples no longer have to blame one another in order to be granted a divorce.
You and your partner can make a joint application (in which case both of you will be applicants), or you can start the application yourself (in which case you will be the applicant and your spouse will be the respondent). This is a called a sole application.
The divorce is a three-stage process.
- Stage 1: You can make the application via the Gov.uk divorce portal. You can make the application yourself, it is a fairly straightforward process. You will need a colour copy of the marriage certificate (with the relevant certification and translation if the marriage certificate is not in English), names of the parties, full names, addresses and contact details.
- Stage 2: 20 weeks after your divorce application has been issued by the court, you can apply for a conditional divorce order. You can use this time to obtain information about family finances and agreeing a financial settlement. In order to ensure your spouse does not have a claim against you in the future, it is important to have a financial court order in place (which is separate and different from the divorce order).
- Stage 3: Six weeks and one day after the conditional divorce order, you can make an application for a final divorce order. It is vital to not apply for a final divorce order until the financial settlement has been agreed (or a financial court order been made by the court) and a sealed financial order has been received from the court (please see below).
How long does the divorce take?
It will take at least 6–8 months to finalise the divorce.
What will happen about finances?
You will still remain financially linked to your spouse until a financial order setting out how your assets are to be divided has been approved. You can reach an agreement any number of ways, either directly with your spouse, at mediation or through solicitor negotiations. It is important that you both have a clear picture of the family finances before negotiating the terms of a settlement.
You can begin by making a list of all your assets and gathering all relevant financial documents e.g. valuations of the properties and businesses, obtain pension values, bank account balances and understand your, your spouses and the children’s income needs.
If you manage to agree the financial settlement between yourselves, your solicitors can prepare a financial consent order. You will need to also prepare a statement of information (Form D81) and pension sharing annexes (form P1) and submit the above forms to the court.
What about our children?
Will you be able to agree with your spouse about where the children shall live and how much time they should spend with each parent? If so, you won’t need a legally binding order. If not, you should seek legal advice on obtaining a child arrangements order through the courts.
Why use a solicitor?
Start discussions with your spouse as early as possible and most importantly seek legal advice tailored to your particular circumstances. A solicitor will be able to fully inform you of all the available options and court procedure to allow for a smooth-running divorce application.
If you have further questions about beginning the divorce process, please contact our family team on 020 8944 5290 who will be happy to help.