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 divorce’ means 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 £612.
You can either do this with your spouse (a joint application) or just one of you (a sole application).
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, it will be reviewed by the court and issued. 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 date the application was issued before you can apply for the Conditional Order. You can use this time to agree arrangements for children and the resolution of the matrimonial finances.
After the 20 week period has expired, you can apply for the Conditional Order, which, once granted, is confirmation from the court that your divorce can go ahead.
While a divorce legally ends your marriage, it does not resolve financial matters. The granting of the Conditional Order also means that from that date, if you have agreed the division of the matrimonial finances, you can file a Financial Consent Order for the court’s approval and to be made legally binding. Whether to approve a consent order is always at the court’s discretion and it has to be considered fair. You don’t usually need to physically attend court to obtain a court approved consent order, as the application is via the court’s online portal.
Six weeks and one day after the Conditional Order has been granted, you can apply for the Final Order of divorce. However, it is standard to delay the application until you have obtained a legally binding Financial Order.
Once the Final Order has been granted, you are officially divorced and the marriage has legally ended. You are free to get married again if you wish.
What you can expect with Setfords
Ultimate flexibility: Our lawyers can tailor their schedules to meet your needs.
Nationwide coverage: with hundreds of consultant lawyers across the UK, we’ll connect you with the right expert.
Dedicated specialist legal partner: work directly with your chosen lawyer from start to finish.
Highly experienced: Setfords lawyers have an average of 20 years’ experience, so you can be assured you’re in safe hands.
Capacity-based allocation: our lawyers never take on more work than they can handle, so you get the focus and attention you deserve.
How much does it cost to get a divorce?
The court fee to make a divorce application is currently £612.
If you choose to work with a family lawyer – which is strongly recommended to ensure you get the expert advice you need, not only in respect of the divorce but also in relation to the associated matrimonial finances and children matters, you’ll also need to pay their fees.
Legal fees can vary depending on your location and the experience of your lawyer. To discuss your divorce and to receive an estimate of costs in relation to much a divorce (and the associated matrimonial finances and children matters) may cost, 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?
A divorce takes a minimum of 6 months to conclude as there are minimum waiting periods of 26 weeks and one day between submitting your divorce application and obtaining the Final Order, which legally ends the marriage. This includes the 20 week “cooling off” period between the date of issue of the divorce application and being able to apply for the Conditional Order.
The waiting period gives you time to sort out the more complex parts of getting divorced, such as property, finances and arrangements for 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, ensuring communication remains child-focused. This can shield children from conflict, 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 and agreeing a routine of arrangements which is in their best interests, for them to spend time with both parents, can help minimise disruption for them.
Focus on wellbeing
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.
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 help you work through matters 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.
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