Step 1: Apply online
Whilst instructing a solicitor is not required when submitting a divorce application, if you have been unable to agree to make a joint application with your ex-partner it is likely your relationship is quite acrimonious and some professional input will likely be of real benefit. You may not need to instruct a solicitor to apply for the divorce but an initial consultation is likely to be of real benefit early on if your separation is particularly difficult.
The divorce process includes not only obtaining the final divorce order, but you may also have to make arrangements for your finances and children. It is the financial and child arrangements which usually prove to be the more difficult areas to resolve and which are at risk of escalating to contested court proceedings with escalating costs and significant delay.
The divorce application is usually the first step on the road to separation and can set the tone for the whole case going forward. Seeking early advice from an experienced solicitor can assist with getting the case on the right track, minimising the potential for conflict and possible protracted proceedings in relation to your children and finances going forward.
You can access the divorce application portal here:
https://www.gov.uk/divorce/file-for-divorce
Please ensure you use the gov.uk website and not any other. There are many “divorce provider” websites who will charge you a fee for submitting the application on your behalf.
The court fee for applying for a divorce is currently £593. If a website asks you for further funds you are likely in the wrong place.
You can make a paper application, however I strongly recommend you apply online, it is quicker and you are less likely to make a mistake on that form.
In terms of making the application, one party will make the application they will be known as the “Applicant”, the other party will be known as the “Respondent”.
The Applicant will be responsible for paying the court fee.
Step 2: The court starts the divorce process
After your application has been submitted, it takes 2 weeks before the process officially begins, this will trigger the 20 week reflection period.
The reflection period is in place firstly to allow the couple to change their minds about the divorce and secondly to make arrangements for their children and finances.
The court will send your partner a copy of the divorce petition and the “Acknowledgement of Service” (AOS), you parter has 14 days to complete the AOS and return it to the court.
Step 3: You apply for the conditional order
After the 20 week reflection period, (assuming that the Respondent has promptly returned the AOS) you can apply for the conditional order. (Previously known as the Decree Nisi).
Step 4: The court reviews your application for a conditional order
When your application for the conditional order is received by the court, a legal advisor will review your application. If they approve your divorce, they will issue you with a Certificate of Entitlement to confirm the date of your conditional order. This step takes one to two weeks.
Step 5: The court grants the conditional order
The date of the conditional order will be around 4 to 5 weeks from the certificate of entitlement.
Once the court grants the conditional order, the second compulsory waiting period begins, this time for 6 weeks. This stage is significant as it is only when the conditional order has been granted that you are permitted to submit any financial orders such as a consent order or clean break order in relation to any financial agreements you have made.
Step 6: You apply for the final order
After a minimum of 6 weeks have passed you can apply for the final order (previously known as the Decree Absolute) to finalise your divorce.
Step 7: The court grants the final order
The court will issue the final order a few days after your application. A copy will be sent to both of you and this final order means you are officially divorced. You will need to keep this order safe, as you will need it in the future as proof of your divorce.
Choosing the right solicitor for your matter is crucial and we therefore offer a free initial consultation so that you can find out more about our services and decide whether we are the right fit for you.
