Firstly you must ensure you are eligible to apply for a divorce. You must have been married for over 12 months, the relationship must have permanently broken down and your marriage must be legally recognised in the UK. (Please be aware that the process outlined below does not relate to proceedings in Scotland or Northern Ireland).
It is possible to make a joint application for a divorce or to make one individually. If you are applying jointly then you must both complete and sign the divorce petition and agree whether it should be filed online or via post. Don’t worry if your spouse decides to stop corresponding, you can proceed with the petition on your own at a later stage should it be necessary.
Whether you are making a joint application or applying alone you will need to complete the D8 form. This is the divorce petition. It requires names, dates of birth, contact details etc as well as setting out if there are other matters such as children issues or finances that need to be resolved. You must also file the original or a certified copy of the marriage certificate, proof of change of name if you have changed your name since and a fee of £593. You may be eligible for assistance with this fee and should consider looking at help with court fees (EX160)
Once your application has been received it will be checked and if everything is correct you will receive a notice that your petition has been issued, a sealed copy of the application, an acknowledgement of receipt and a case number. This will be sent to both parties if you have applied jointly. If you have applied on your own then the documents will be sent to your husband or wife with an acknowledgement of service which they must respond to within 14 days stating whether they are in agreement or if they intend to dispute the divorce.
After 20 weeks you can apply for a conditional order (Decree Nisi if application was made prior to April 2022) If your spouse refuses or contests the divorce they must file an answer setting out the objections and refusal and why. They can not dispute the divorce simply because they do not want to or they wish to delay matters but they must set out their reason for objection. If they object you may have to go to court to discuss how matters can proceed. If they fail to file an answer you can still apply for the Conditional Order after the 20 week period.
If you made or are making your application online (after April 2022) you can apply for the conditional order online and follow the steps on the online system. If you applied by post then you need to complete a Form D84 and post it. The court will review this application and if everything is in place then the court will grant the conditional order and you will receive a copy. Please note you are still married at this point.
After 6 weeks and 1 day (43 days) from the date of the Conditional Order you can apply to finalise the divorce in order to officially end the marriage. You can apply for the final conditional order (Decree Absolute if issued prior to April 2022) by completing the D36. The court will check everything has been filed accurately and within the correct time limits and issue the final order. It is at this stage the divorce is final and you are able to remarry again if you wish. Please note that if you need to apply to the courts in order to determine the financial arrangements of the divorce this should be done prior to applying for the final order. The financial proceedings are called ancillary relief proceedings (please see other related articles in respect of the financial proceedings).
If you do not apply for the final order the other party can make the application but they will have to wait a further 3 months, after the above 43 days before making the application for the Final Order.
If you require legal advice in respect of divorce proceedings and financial proceedings you should contact a solicitor. If you wish to issue and deal with the divorce yourself but require some support and assistance then please contact us and we will be happy to help. We can also assist in the drafting of consent orders once matters have been fully agreed (See article on Consent Orders).
FLPS are a firm of paralegals, we can not give legal advice only support and assistance. This article is not written with the intention of providing any advice, only information and procedure.