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The Divorce Process

If you are considering divorce, or dissolution of a civil partnership, it makes sense to understand what’s involved.

From 6 April 2022, the Divorce, Dissolution and Separation Act 2020 came into force. The aim of this new law is to reduce conflict between couples who want to end their marriage or civil partnership – the ‘No Fault Divorce’.

Gone are the days of having to apportion blame to one another, with the need to evidence adultery, desertion or unreasonable behaviour no longer required. Couples no longer have to wait 5 years of having been separated before they can apply for divorce without their spouse’s consent, nor indeed do separated couple have to wait 2 years even if it is consented between them. Instead, the Applicant need only provide a statement of irretrievable breakdown of the marriage.

The key features of the new process are:

  • You need to have been married for 1 year before being able to apply for a divorce.
  • You can apply for a divorce either as a Sole Applicant or as Joint Applicants with your spouse.
  • It will only be possible to contest the decision to divorce in very limited circumstances and not simply because one party doesn’t want to.
  • There is a minimum of 20 weeks from the start of proceedings to obtaining a Conditional Order (formerly Decree Nisi).
  • There is a further 6 weeks between Conditional Order and obtaining a Final Order (formerly Decree Absolute).
  • Applications are made via an Online Portal, streamlining the process and avoiding delays with sending forms in the post.
  • If everything runs smoothly, and there are no other issues, the minimum length of time to get a divorce will now be 6 months.

For straightforward Divorce / Dissolution Applications, our fees would be in the region of £750 including VAT.

A Court Fee of £593.00 is payable at the time the Application is made.

The above is only a very brief overview, so if you require further information or would like to make an appointment, please contact us.

For more information on any of our family law and divorce services, please contact us.