A Quick Guide to Divorce

Going through a divorce is one of life’s most challenging experiences. At Setfords, we understand that the divorce process can be an emotional rollercoaster, so we’re here to provide the professional and reassuring guidance you need. 

This brief guide to divorce aims to demystify the process, offering clear and practical information to help you navigate this difficult time with confidence.  

If you’re considering divorce, our family law experts are here to help. Get in touch today for a confidential conversation and advice on your next steps. 

How to file for divorce: the first steps 

The first step towards a divorce is initiating the divorce proceedings. This can feel like a huge step, but recent changes to the law in April 2022 have made it easier. Now, ‘no fault divorces’ mean that you don’t have to state the reason for the divorce, only that the marriage has irretrievably broken down. You also don’t need to provide any evidence for this. 

To get started, you need to file a divorce application with the court. This is done by filling out an online form or sending it by post and paying the court fee of £593.  

You can either do this with your spouse (a joint application) or just one of you (a sole application). If you do a sole application, the person who applies (the applicant) doesn’t benefit any more than the other person (the respondent).

You must have been married for at least one year to apply for divorce.  

How do you get a divorce? The rest of the process 

Once you’ve submitted your application, the rest of the divorce process can begin.

The application will be reviewed by the court. If you made a sole application, a copy of it will be sent to your spouse, the respondent. They must then acknowledge that they’ve received the application within 14 days for the divorce to progress. If you made a joint application, a copy will be sent to both of you.  

Then, there is a reflection period of 20 weeks from the time the application was issued. You can use this time to make arrangements for what finances, children matters, and more will look like post-divorce.  

After 20 weeks, you can apply for the Conditional Order, which is confirmation from the court that your divorce can go ahead. 

Six weeks and one day after the Conditional Order has been granted, you can apply for the Final Order. Once this has been granted, you are officially divorced. This means that you no longer have any legal ties to your ex-spouse, and are free to get married again if you wish.

However, while a divorce legally ends your marriage, it does not resolve financial matters. To formalise any financial arrangements, you will need a consent order granted by the court. This makes any financial arrangements between you and your ex-spouse legally binding. 

You don’t need to attend court to get your consent order. In fact, you only need to attend court if you can’t agree on matters through other methods such as mediation.

How much does it cost to get a divorce? 

Everyone getting a divorce must pay the court fee of £593. Then, if you need a consent order granted for any financial arrangements, you’ll need to pay an additional court fee of £53. Furthermore, if you can’t come to an agreement outside of court, you’ll need to pay additional court fees of £275 – but it is strongly recommended to try and come to an agreement outside of court to avoid this stress and expense.

If you choose to work with a family lawyer – which is strongly recommended to help your divorce go smoothly and fairly – you’ll also need to pay their fees. Divorce lawyer fees can vary depending on your location and the experience of your lawyer. To discuss your divorce and get a quote for how much a divorce costs, please get in touch with Setfords, where our experts are waiting to guide you. 

Why do I have to wait so long to get a divorce? 

There is a minimum wait of 26 weeks and one day between submitting your divorce application and getting the Final Order, which means you’re officially divorced. This gives you plenty of time to sort out the more complex parts of getting divorced, such as property, finances, and matters to do with children. These matters often require negotiation to resolve fairly.  

The waiting period also ensures you have enough time to withdraw from the divorce process if you change your mind. 

Divorce top tips

Seek professional advice
Divorce can involve complex and emotional considerations around finances, children, pets, possessions, and more. Consulting with a family lawyer can provide valuable support and make sure you understand all your options. 

Keep communication civil
It’s likely that emotions will be running high throughout the divorce process. However, try to maintain open and respectful communication with your spouse, especially around your children if you have them. This can save time and make the process less stressful for everyone. 

Prioritise children
Divorce can be tough on the whole family. If you have children, putting their needs and wishes first can help keep you focused and come to a co-parenting agreement that minimises disruption and conflict for them. 

Focus on wellbeing
Going through the divorce process can be emotionally draining, so make sure you’re taking care of yourself. Look to friends and family for support or consider speaking to a therapist to help you through. 

Be organised
Get everything in order as soon as you can, including all financial documents and other relevant information. This will help save time and stress by making the process smoother.

Consider mediation
If you’re struggling to come to an agreement with your spouse about matters like finances or children, mediation can be a great option to help you work through your differences and resolve disputes out of court, saving time, money, and energy. 

Look to the future
It can be hard to think of the future when you’re in the middle of the divorce process, but try to focus on rebuilding your life and creating a positive way forward for yourself and your family.

Conclusion 

Divorce can feel overwhelming, but knowing what to expect ensures you’re prepared for what’s coming your way. Taking a calm and informed approach can make all the difference, reducing stress for everyone involved.  

Getting personalised legal advice can give you extra peace of mind when going through a divorce. Our family lawyers can help ensure your rights and interests are protected, minimising stress throughout the process. Remember, you’re not alone. Support is there to help guide you through the next chapter of your life and look forward to the future.